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(영문) 수원지방법원 2015.12.09 2013나41223

사해행위취소

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The separate list between the defendant and D shall be set out.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff’s each real estate indicated in the separate sheet owned by D (hereinafter “each real estate of this case”) between D and D around May 6, 2001.

The lease contract was entered into with respect to the lease on a deposit basis, and completed the registration of the establishment of the right to lease on a deposit basis as follows. The registration of the establishment of the right to lease on a deposit basis was made on May 17, 2001 with respect to the registration of the establishment of the right to lease on a deposit basis, from May 6, 201 to May 6, 2003, the entire term of the residential building within the scope of KRW 70,000,000, which was received on May 17, 2001.

On April 27, 2010, D prepared and delivered the following authentic deeds to the Plaintiff on May 9, 2003, No. 44355 of the above registry office, No. 80,000,000 won, which was received on May 9, 2003, D) No. 255 of the certificate of 2010 which was sent by a notary public to D on April 27, 2010, “The Plaintiff paid to D on April 27, 2010, 2010; 24% per annum; 30,000,000 won per annum; 256% per annum; and 30,000 won per annum to D on April 27, 2010.”

5) From May 26, 2010 to November 24, 2010, D repaid KRW 23,600,000 to the Plaintiff. (B) The Defendant reported marriage on September 6, 198 with D and D.

2) D’s donation contract on August 26, 201 with respect to each of the instant real property, the sole property of which is the Defendant (hereinafter “instant donation contract”).

(2) On the ground of the foregoing, Suwon District Court’s registration office was received on August 30, 201, No. 58025 (hereinafter “instant ownership transfer registration”) and filed on August 30, 201.

(B) Maccoon (“E”, at that time, owned by D), F Leto and Car(199 Form), G copyumpcar(1989 Form), H.