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(영문) 전주지방법원 2020.01.22 2018가단19998
사해행위취소
Text

1. As to KRW 7,383,121 and KRW 7,194,708 among the Plaintiff, Defendant A’s year from May 15, 2018 to September 7, 2018.

Reasons

1. As to the claim against the defendant A

(a) Indication of claims: as shown in the Appendix [Grounds for Claim];

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against the defendant B

A. The conclusion, subrogation, etc. of a credit guarantee agreement between the Plaintiff and D, such as the Plaintiff’s credit guarantee and the current status of real estate registration, are as shown in the attached Form (Grounds for Claim).

On the other hand, on March 20, 2017, D completed the registration of ownership transfer on March 17, 2017 with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only property owned by D, due to the sale on March 17, 2017, and Defendant B cancelled the registration of establishment of a neighboring mortgage on May 22, 2014, which was completed prior to the registration of ownership transfer on November 29, 2017.

At the time of the registration of transfer of ownership, the amount of secured debt of the above right to collateral security was KRW 50,000,000. The market price of the real estate of this case was KRW 134,246,160 as of June 14, 2019. The Plaintiff’s claim for indemnity against Defendant A was KRW 8,737,303 as of October 2, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7-2 and evidence 10-1 to 12, the result of a request for market price appraisal, the purport of whole pleadings

B. (1) In light of the debt and property status of D recognized as above, the completion of the registration of ownership transfer of the instant real estate, which is the only property of D, in the future of Defendant B, is recognized as a fraudulent act with the knowledge that D, the debtor of the Plaintiff, would prejudice the Plaintiff, and as such, as long as D’s intent is recognized, it is presumed that Defendant B, the beneficiary, was aware of such circumstances.

(2) On this basis, the Defendant lent KRW 60,000,000 to D through her mother, but it was difficult for D to continue to conduct the business due to healthy deterioration, and thus, it received the instant real estate as payment in kind, and the collateral security obligation.

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