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(영문) 서울중앙지방법원 2015.06.24 2014나60964
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

Facts of recognition

A, on April 13, 2010, entered into a credit guarantee agreement with the Plaintiff with the following contents, and received a loan from the bank as a security for the credit guarantee certificate issued by the Plaintiff.

On April 12, 2011, the first guarantee term of KRW 45,000,00 for the guarantee term of KRW 50,000 for the guarantee term of KRW 45,00,00 for the general loan for the business operating loan of the type of guarantee type C: On April 11, 2011, the branch of the creditor bank North Korea (Withdrawal) branch of the creditor bank in South Korea was in arrears with the payment of the loan to the Korean bank on April 11, 2014, and the credit guarantee accident occurred on April 11, 2014; and the Plaintiff subrogated the Korean bank to pay KRW 46,125,91 on August 4, 2014 in accordance with the credit guarantee agreement.

On August 20, 2013, A entered into a sales contract with the Defendant, who is the father, to sell real estate listed in the attached list (hereinafter “instant real estate”) for KRW 81 million (hereinafter “instant sales contract”) and completed the registration of transfer of ownership on August 28, 2013 as the receipt No. 9009 on August 28, 2013 by the Incheon District Court Branch Branch.

At the time of conclusion of the instant sales contract, the instant real estate was the only real estate A.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1 through 3, Gap evidence Nos. 4, 5, 9, and 13, and each fact-finding conducted with respect to the original head of the original court of the trial, and the vice-head of the District Tax Office, and each fact-finding conducted with respect to the director of the District Tax Office, the credit guarantee agreement of this case was concluded between the plaintiff and A, which form the basis for the establishment of the claim claim, prior to the conclusion of the contract of this case, prior to the conclusion of the contract of this case as to the cause of claim, and there was a high probability that the credit guarantee accident against Gap occurred on April 11, 2014, and thus, the plaintiff's claim for reimbursement against Gap was established in the near future because the financial situation of Gap aggravated at the time of the contract of this case. In fact, since the plaintiff actually occurred by acting

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