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(영문) 춘천지방법원 강릉지원 2018.05.16 2018가단622
사해행위취소
Text

1. With respect to the 137 square meters in Gangseo-si, Gangnam-si:

A. D and Defendant B cancel the gift agreement concluded on July 1, 2016, and B.

Reasons

1. Facts of recognition;

A. On March 17, 2015, the Plaintiff entered into a credit guarantee agreement with D and the guaranteed amount of KRW 240,000,000,000, and the term of guarantee by March 16, 2017. D obtained a loan of KRW 300,00,000 from the Nong Bank as collateral in a credit guarantee agreement issued pursuant to the said credit guarantee agreement.

B. As D dies on September 30, 2016 and a credit guarantee accident occurred, the Plaintiff subrogated 240,733,449 won to the said Nonghyup Bank on January 13, 2017.

C. On July 1, 2016, D received brain-type diagnosis, and on July 1, 2016, D completed the registration of ownership transfer for Defendant B on the same day donation (hereinafter “instant donation agreement”). Defendant B completed the registration of ownership transfer for the instant real estate on August 12, 2016 with Defendant A on the ground of sale as of August 11, 2016.

D A deceased wife E, F, Defendant B, who is his wife, succeeded to D.

E. At the time of the conclusion of the instant gift contract, D was in excess of its obligation.

F. E, F, and Defendant B filed a qualified acceptance report with this Court No. 2016-Ma488, and the said report was accepted on March 16, 2017.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, at the time of the conclusion of the gift contract of this case, the Plaintiff’s claim for indemnity against D was concluded with a credit guarantee agreement, which is a legal relationship that serves as the basis for the formation of the claim, and D was highly probable to establish a claim for indemnity in the near future due to financial difficulties. In fact, the credit guarantee accident occurred on September 30, 2016, the Plaintiff’s claim for indemnity becomes a preserved claim in light of the fact that the credit guarantee accident occurred on September

In addition, the act that the debtor D donated the instant real estate to the defendant B, a child in excess of his/her obligation at the time of entering into the instant donation agreement, barring any special circumstance.

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