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(영문) 춘천지방법원강릉지원 2020.10.20 2020가단31704
사해행위취소
Text

1. As to the shares in paragraph 1 of the attached list between the defendant and B and each real estate listed in paragraphs 2 and 3 of the same list.

Reasons

1. Basic facts

A. On March 22, 2012 and February 27, 2015, the Plaintiff entered into a credit guarantee agreement with B, and issued a credit guarantee certificate. On March 13, 2019, the Plaintiff subrogated to B on April 15, 2019 following the occurrence of the credit guarantee accident as of March 13, 2019, and thereafter filed a lawsuit against B seeking indemnity amount under Seoul East Eastern District Court Decision 2019Kadan142139, and subsequently filed a lawsuit against B for claiming indemnity amount on October 15, 2019, “B shall pay to the Plaintiff 135,68,750 won and delay damages for KRW 134,872,202 among them, which became final and conclusive around that time.

B. On the other hand, on January 21, 2019, B entered into a gift agreement with the Defendant on shares listed in paragraph (1) of the attached list owned by the Defendant and each real estate listed in paragraphs 2 and 3 of the same list (hereinafter collectively referred to as “each of the instant real estate”) (hereinafter referred to as “instant gift agreement”) and completed the ownership transfer registration listed in paragraph (2) of the attached list in the Defendant’s future (hereinafter referred to as “instant ownership transfer registration”).

C. At the time of the donation contract of this case, B, including each of the instant real property, owned an amount equivalent to KRW 293,421,500,000 in total, including the value of the instant real property. However, as a small property, B, including the above indemnity liability against the Plaintiff, was liable for a total amount exceeding KRW 491,160,000.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 7 (including each number), the Court Administration Office of this Court, the C Association's fact inquiry, or the result of the order to submit financial transaction information, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, B further deepened the shortage of property due to the donation of each of the instant real estate to the Defendant, who is the mother of the instant real estate under the circumstance where the small property is more active property is more than the obligation which exceeds the positive property. Barring any special circumstance, this constitutes a fraudulent act detrimental to other creditors, including the Plaintiff, etc., and the obligor B.

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