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(영문) 대구지방법원 2020.08.25 2020가단101802
사해행위취소
Text

With respect to B forest land B 12,99m2:

A. The mortgage contract concluded on September 5, 2019 between the Defendant and C is concluded.

Reasons

1. Facts of recognition;

A. On September 22, 2016, on October 27, 2016, and June 1, 2019, the Plaintiff issued a credit guarantee under a credit guarantee agreement to each E Bank’s Gun branch, the Industrial Bank of Korea’s scattering Dong branch, and the Bank Franchising company’s financial branch. C jointly and severally guaranteed the said guarantee. On December 16, 2019, the Plaintiff subrogated for KRW 234,863,134 to the E Bank and KRW 368,892,364 to the Industrial Bank of Korea.

B. On September 5, 2019, C entered into a mortgage agreement on the instant land owned by the Defendant (hereinafter “instant mortgage agreement”) with the Defendant, and the registration of establishment of a neighboring mortgage (hereinafter “the instant establishment of a mortgage”) was completed on September 5, 2019 by the Daegu District Court No. 32970, Daegu District Court’s receipt of September 5, 2019.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. 1) Under the above facts, the Plaintiff’s claim against C was already based on a basic legal relationship at the time of the instant mortgage contract, and there was a high probability that there was a legal relationship, which is the basis of the establishment of the claim, at the time of the said fraudulent act, and that the claim should be established in the near future. In the near future, it is highly probable that the claim should be established in the near future. In a case where a claim has been established due to the realization of the probability in the near future, the claim may also be subject to the obligee’s right of revocation (see, e.g., Supreme Court Decision 2000Da37821, Mar. 23, 2001).

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