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(영문) 창원지방법원통영지원 2017.09.07 2016가단3552
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The husband E of the Plaintiff’s claim against D entered into a credit guarantee agreement of KRW 246,50,000 on July 26, 2013 between the Plaintiff and the Plaintiff, and the credit guarantee agreement of KRW 25,50,000 on October 23, 2013.

On April 7, 2014, the guarantor of each credit guarantee agreement was changed from E to D.

D entered into an additional credit guarantee agreement of KRW 81,00,000 on July 14, 2014.

D, based on each credit guarantee agreement above, was loaned 3.7 million won from the Tong Young Fisheries Cooperatives (=2.5 million won) respectively.

The Plaintiff paid a total of KRW 323,992,992 on December 11, 2015 and on the 15th of the same month to the Tong Young-gu Fisheries Cooperatives on behalf of the Plaintiff as a credit guarantee accident caused by delinquency in relation to each of the above loans. Accordingly, the Plaintiff acquired a claim for indemnity amounting to KRW 323,498,491, excluding a partial recovery from the amount of subrogation.

D The Defendant A purchased 1,2 real estate from D on July 28, 2015, and completed the registration of ownership transfer by this court No. 21986 on July 29, 2015.

Defendant B purchased real estate from D on May 11, 2015 from D, and completed the registration of ownership transfer by this court No. 13788, May 15, 2015.

Defendant C purchased real estate from D on July 20, 2015 from D, and completed the registration of ownership transfer by this court No. 21361 on July 22, 2015.

D’s property status D had active property around May 2015, 1 through 8 real estate (a total of KRW 180 million to KRW 195 million) and F-si 532 square meters in Tong Young-si (the market price of KRW 5.3 million to KRW 5.3 million was KRW 5,320,000), while the minimum sale price of the first sale date was 5,320,00 won in the case of the first sale date for the compulsory auction of real estate at the court of this court concerning the above real estate at the market price of KRW 5.3 million), G vessel (2.9 tons in total at the market price of vessel and fishing right), G vessel ( KRW 20 million in total at the market price of vessel and fishing right), and each of the above loans were obligations with a passive property.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 8, 12, .

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