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(영문) 창원지방법원 2015.12.15 2015가단79280
사해행위취소
Text

1. The reservation made on May 12, 2014 with respect to the fishery right listed in the separate sheet between the Defendant and B shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On August 4, 2011, the Plaintiff entered into a credit guarantee agreement with B around August 11, 201, where B borrowed a total of KRW 14 million from a fisheries cooperative under the operation of the cryp culture industry (hereinafter “foreign trade cooperative”).

B. B submitted the Plaintiff’s credit guarantee statement and borrowed KRW 14 million from the non-party partnership, but did not pay interest obligations, etc. thereafter, caused a credit guarantee accident. The Plaintiff paid a total of KRW 13,985,660 on December 26, 2014 by subrogation to the non-party partnership.

C. On the other hand, around May 9, 2013, the Defendant lent KRW 30 million to C, who is the husband of B, to the Defendant, but, at the same time, delivered to the Defendant a loan certificate indicating himself as the obligor, with the intent of the guarantee, and agreed to transfer the land to the Defendant unless the loan is repaid at the due date.

Since then, as B and C fail to pay the borrowed amount, B entered into a purchase and sale reservation contract (hereinafter referred to as “instant purchase reservation”) with respect to the fishery right stated in the original order, the only property, around May 12, 2014, and implemented the provisional registration procedure to the Defendant on the ground thereof.

E. B had no other property except the fishery right of this case at the time of the reservation to sell and purchase of this case and the motor vehicle of 2004.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 9 (if there is a serial number, including a branch number)

(i)each entry, the results of de facto creation of facts against the head of Chang Won-si, the purport of the entire pleadings

2. Determination as to the claim

A. According to the facts of recognition of the establishment of a preserved claim, the Plaintiff’s claim for indemnity was established after the instant trade reservation, but the credit guarantee agreement, which was the basis of the occurrence of the claim for indemnity, was already established before the instant trade reservation, and there was a high probability of the occurrence of the claim for indemnity under the agreement. In fact, the Plaintiff’s claim for indemnity was made by subrogation due to the occurrence of a credit guarantee accident.

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