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(영문) 대전지방법원논산지원 2017.11.09 2017가단20817
사해행위취소
Text

1. As to the buildings listed in the separate sheet:

A. The sales contract concluded on June 2, 2016 between Nonparty B and the Defendant is concluded.

Reasons

1. Facts of recognition;

A. CFF entered into two credit guarantee agreements with the Plaintiff, and each credit guarantee agreement issued by the Plaintiff was secured by a corporate bank and received KRW 100 million from the Korea Agriculture and Food Trade Corporation and KRW 300 million from the Korea Agriculture and Food Trade Corporation, and B jointly and severally guaranteed the obligations of CFF under the respective credit guarantee agreements.

C Agricultural Association Co., Ltd. had a credit guarantee accident since November 15, 2016 due to overdue repayment of loans. The Plaintiff paid 86,593,868 won to a corporate bank on February 28, 2017, and 257,615,472 won to the Korea Agriculture and Fisheries Corporation.

B. B concluded a sales contract with the Defendant, the mother on June 2, 2016, on an apartment as indicated in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer on June 3, 2016 with the Daejeon District Court No. 15325, supra.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The occurrence of right to revoke the fraudulent act;

A. 1) The establishment of a preserved claim requires that, in principle, a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be seen as a fraudulent act. However, there exists a legal relationship that has already been based on the establishment of the claim at the time of the fraudulent act, and there is high probability as to the fact that the claim is established in the near future by the legal relationship. In the near future, where the probability is realized in the near future, the claim may also become a preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2011Da76426, Feb. 23, 2012). 2) In addition, the amount of the loan of C farming association, the degree of repayment of principal, the financial status at the time of the conclusion of the instant sales contract, and the credit guarantee accident after about five months from the date of the conclusion of the instant sales contract.

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