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(영문) 창원지방법원 2020.01.30 2019나52352
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On September 28, 2011, the Plaintiff incurred a preserved claim (hereinafter “D”)

(2) On September 29, 2011, the term of guarantee for the obligation owed by the Industrial Bank of Korea by receiving a small and medium enterprise loan from the Industrial Bank of Korea (as of September 27, 2014, changed to September 26, 2014), and entered into a credit guarantee agreement fixing the amount as KRW 493,00,000, and C provided joint and several guarantee between the Plaintiff and the Plaintiff on the same day. (2) On September 29, 2011, D borrowed KRW 580,000 from the Industrial Bank of Korea based on the Plaintiff’s credit guarantee.

3) On March 28, 2014, D had lost the benefit of time due to delay in the repayment of the loan to the Industrial Bank of Korea. On May 13, 2014, the Plaintiff subrogated for KRW 498,105,589 to the Industrial Bank of Korea on behalf of the Plaintiff. 4) After the Plaintiff filed a lawsuit against D, C, etc. for the claim for indemnity payment under the Jinwon District Court Jinju Branch 2014Ga33051, and on April 28, 2015, D and C jointly and severally filed a lawsuit against the Plaintiff on April 28, 2015, “D and C shall pay damages for delay to the Plaintiff KRW 497,208,514 and its 495,350,199 among them (the order for revocation of the disposal of the real estate owned by D on the ground that it was a fraudulent act against the Plaintiff, and the above judgment became final and conclusive on July 1, 2015.

B. The agreement on the division of inherited property, the registration of ownership transfer, and the provisional registration of the right to claim ownership transfer are 1) the network E (hereinafter “the network”).

) The real estate listed in the separate sheet No. 1 and No. 2 (hereinafter referred to as the "real estate No. 1 of this case", the "real estate listed in the separate sheet No. 2 of this case", and the "each of the above real estate" is the "each of the above real estate".

(C) On May 17, 2016, the deceased died, and on May 17, 2016, there were four children including the Defendant and C, the deceased’s heir (C inheritance shares 2/11).2) The Defendant on October 2016.

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