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(영문) 서울중앙지방법원 2017.05.31 2016나70217
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasons for the judgment of the court of first instance are the same as those stated below.

2. The following contents are added in front of paragraph 4 of "2-A" of the judgment of the court of first instance that is used or added, and '2-2 of the grounds for the judgment of the court of first instance.

(a).

C. 'each paragraph' 2'

(b) d.

'The paragraph is different from each other'.

“A. In principle, it is necessary to require that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be deemed a fraudulent act. However, it is highly probable that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of a claim in the near future, and that the claim should be established in the near future due to its realization in the near future, the claim may also become a preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2005Da20361, Jun. 23, 2005). At the time of the instant sales contract, each credit guarantee agreement, which serves as the basis of the establishment of the Plaintiff’s joint and several surety claim against B, was concluded, and B had already concluded the instant sales contract with the Defendant on July 4, 2014 in a situation where there was no particular property other than the instant apartment, and the Plaintiff’s subrogation was highly probable as at the time of the instant sales contract to the extent of delinquency.

The plaintiff's joint and several liability claim against B is realized since it has not been passed thereafter.

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