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(영문) 부산지방법원 2020.09.25 2019나61434
사해행위취소
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet:

A. On June 20, 2018, between the Defendant and C.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

(Attachment List 2. The judgment on June 21, 2018, which held that each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”), C’s loan certificate prepared by the Plaintiff on June 21, 2018 (hereinafter referred to as “the instant loan certificate,” and the registration of the establishment of a neighboring mortgage as stated in Section 2-B of the Disposition

A. 1) The establishment of a preserved claim requires in principle that a claim protected by the creditor's right of revocation has arisen prior to the commission of a fraudulent act, but it is highly probable to the effect that a claim has already been established at the time of the fraudulent act, and that a claim should be established in the near future due to its legal relationship. In a case where a claim has been created due to its real feasibility in the near future, the claim may also be a preserved claim (see, e.g., Supreme Court Decisions 95Da27905, Nov. 28, 1995; 2004Da40955, Nov. 12, 2004) No. 5 (including a serial number; hereinafter the same shall apply) and all pleadings, according to the purport of each entry and pleading set forth in subparagraph 5, A, and the whole purport of pleading, the Plaintiff appears to have leased KRW 300,300,300,300,300,300,000 won to C.

Therefore, on June 20, 2018, which was the date of entering into the instant mortgage contract, the legal relationship that forms the basis for the establishment of the instant claim by the loan certificate was already generated as of June 20, 2018, and its claim was realized on June 21, 2018, the following day. Therefore, the Plaintiff’s claim based on the instant loan certificate constitutes a preserved claim for the obligee’s right of revocation.

3. The defendant shall raise an objection against this.

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