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(영문) 서울중앙지방법원 2017.11.14 2016가단5233449
사해행위취소
Text

1. As to KRW 10,737,861 and KRW 9,025,731 among the Plaintiff, Defendant A’s year from May 31, 2016 to March 31, 2017.

Reasons

1. Claim against the defendant A;

(a) Indication of request: Attached Form;

1. The description of the cause of the claim;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant company

(a) Attached Form of basic facts

1. The facts as to the cause of the claim and the following facts may be acknowledged either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 20 (including paper numbers), in full view of the purport of all pleadings as a result of the fact inquiry into the Court Administration.

(1) As to the instant real estate (hereinafter “instant real estate”), Defendant A completed the registration of the right to claim transfer of ownership as of February 24, 2016, including Cheongju District Court Chocheon-si Branch Branch, Cheongju District Court No. 4591, Feb. 24, 2016, on the ground of the trade reservation on February 23, 2016 (hereinafter “instant real estate”).

(2) The Defendant A’s active and negative property at the time of the instant promise to sell and purchase the instant property attached thereto.

2. The description of Defendant A’s active and negative property is identical to that of Defendant A.

B. In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the occurrence of an act that can be deemed as a fraudulent act. However, at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future by such legal relations, and in the near future, where a claim has been created because its probability has been realized in the near future, such claim may also become a preserved claim of the

(2) The Plaintiff’s claim for indemnity against Defendant A was not yet established at the time of entering into the instant trade reservation. However, prior to that, Defendant A had already entered into a credit guarantee agreement with the Plaintiff, the legal relationship that forms the basis for the establishment of the claim was established, and two months have passed since the instant trade reservation was entered into.

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