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(영문) 청주지방법원 충주지원 2018.10.10 2017가단5078
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff traded a loan under the joint and several sureties’s joint and several sureties, the representative director of the non-party company, as indicated in the table below with D Co., Ltd. (hereinafter “non-party company”), and the balance as of November 1, 2017 is as listed in the same table.

C

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was jointly owned by C and E with 1/2 shares. However, C concluded a mortgage agreement with Defendant A on December 28, 2016 with respect to one-half shares (hereinafter “instant share”) owned by it, and completed the registration of ownership transfer to Defendant B after concluding a sales contract with Defendant B (hereinafter “instant sales contract”) on March 6, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The instant mortgage contract and the instant sales contract concluded with the Defendants on the sole real estate owned by the Plaintiff C in excess of its obligation should be revoked as a fraudulent act.

B. At the time of the conclusion of the instant contract and the instant contract, the secured claim amount of the instant share C was already exceeded the value of the share, and thus C’s act of disposal of the said share cannot be deemed a fraudulent act.

3. Determination

A. If, in a lawsuit for revocation of a fraudulent act, a mortgage is established on an object transferred by the debtor to the beneficiary, the liability property provided to the joint security of the general creditors among such object shall be limited to the remainder after deducting the secured debt amount. If the secured debt amount exceeds the value of the object, the transfer of such object shall not be deemed a fraudulent act.

However, the number is several.

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