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(영문) 대전지방법원 2019.05.01 2017가단207496
사해행위취소
Text

1. As to the real estate stated in the separate sheet, a sales contract concluded on December 28, 2016 between the defendant and B (C) shall be 29,20.

Reasons

1. Determination as to the cause of claim

A. Fact 1) D operated a personal business entity with the trade name “E”. The Plaintiff is a credit guarantee agreement between D and D on September 14, 2015 (hereinafter “instant guarantee agreement”) in order to secure the principal and interest of a loan of KRW 24,00,000 from F Bank.

(B) Upon the closure of a place of business on February 2, 2017 and the occurrence of a guarantee accident, the Plaintiff subrogated for KRW 24,201,566 to the F Bank on March 23, 2017 under the said guarantee agreement. The term of guarantee was changed from September 14, 2015 to September 13, 2016 (the term of guarantee is changed to September 13, 2017). B guaranteed the obligation of indemnity prohibition under the said guarantee agreement.

In addition, the Plaintiff paid KRW 192,133 as substitute payments, from March 23, 2017 to March 23, 2017, the rate of delay damages under the contract of this case is 10% per annum.

3) On the other hand, B on December 28, 2016, the real estate indicated in the separate sheet owned by the Defendant (hereinafter “instant real estate”).

2) The sales contract for the instant case is concluded (hereinafter “instant sales contract”).

) On January 5, 2017, the registration of ownership transfer was completed in the Defendant’s future on January 5, 2017. 4) around January 5, 2017, which was the date of the conclusion of the instant sales contract, B was in excess of the obligation exceeding the positive property.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 14 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. As a result, B in excess of one debt was transferred the ownership of the instant real estate to the Defendant through the instant sales contract, the insolvency of B was deepened.

This act is a fraudulent act that causes a decrease in liability assets offered to the common creditors' joint collateral, which constitutes a fraudulent act.

B was aware of the circumstances that the instant sales contract would prejudice the general creditors including the Plaintiff.

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