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(영문) 인천지방법원 2018. 11. 07. 선고 2018가단236356 판결

이 사건 부동산 증여계약이 체납처분을 피하기 위한 것으로 사해행위취소 대상에 해당하는지 여부[국승]

Title

Whether the instant real estate donation contract is subject to revocation of fraudulent act by avoiding disposition on default

Summary

A judgment without pleading following the failure to submit a reply under Article 208(3)1 of the Civil Procedure Act. The contract of donation concluded on December 9, 2015 between the defendant and AA with respect to real estate listed in the separate sheet shall be revoked within the extent of the amount requested by the plaintiff.

Related statutes

Judgment without holding any pleadings under Article 208(3)1 of the Civil Litigation Act

Cases

Incheon District Court-2018-Ga group-236356 ( November 07, 2018)

Plaintiff

O KimO

Defendant

OOO

Conclusion of Pleadings

Non-Distinct

Imposition of Judgment

November 07, 2018

Text

1. The gift fraternity entered into on December 9, 2015 with respect to the real estate listed in the separate sheet between the defendant and AA;

Daehan shall be revoked within the limit of KRW 000,000,000.

2. The defendant shall pay to the plaintiff KRW 00,000,000 as well as the full payment from the day after the day when this judgment became final and conclusive to the plaintiff

By the day, 5% interest per annum shall be paid.

3. The costs of lawsuit shall be borne by the defendant.

Purport of claim

As set forth in the text.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment without pleadings (Article 208 (3) 1 of the Civil Procedure Act);