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(영문) 인천지방법원 2014.07.25 2013가단225580
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Credit guarantee principal of the credit guarantee principal on August 18, 2003 (the extension to August 17, 2007) on August 17, 2004 (the extension to August 17, 2007) Korea bank (the extension to KRW 100 million) on March 31, 2005 (the extension to KRW 425 million) on March 30, 2006 (the extension to March 30, 2007) of Korea bank (the extension to KRW 50 million after this change to KRW 40 million).

A. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”).

In addition, the representative director B of the above C agreed with the Plaintiff to jointly and severally liable for all obligations that C owes to the Plaintiff according to the above credit guarantee agreement on the same day.

B. C, in default of national taxes, lost the benefit of time due to the occurrence of a credit guarantee accident stipulated in the above credit guarantee agreement on November 1, 2006.

Accordingly, on April 12, 2007, the Plaintiff subrogated to the above bank for the total amount of KRW 492,012,315.

C. Meanwhile, the Defendant was married on January 29, 1981 with the above B, but completed the divorce report on September 14, 2012, following the divorce procedure between the court 2012 and 5689.

On September 20, 2012, B completed the registration of ownership transfer on the instant real estate by reason of the instant property division contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 1 and the purport of the whole pleadings

2. Determination:

A. (1) The plaintiff asserts that the defendant's act of transferring the real estate of this case, which is the only property of B, which is the defendant's most mixed with B, and in excess of debt B, constitutes a fraudulent act.

(2) The defendant asserts that the division of property in this case is not a fraudulent act, since the real property in this case was transferred as the division of property while actually divorced with B, and the scope of division of property is not so excessive that it goes beyond the reasonable extent.

B. (1) The intention of divorce in the agreement divorce is legal marital relationship.

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