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(영문) 대전지방법원 2020.12.17 2020가단108223

사해행위취소

Text

A donation contract concluded on November 21, 2017 with respect to the 1/2 shares of the attached list between the defendant and C shall be KRW 8,090,111.

Reasons

1. Facts of recognition;

A. On February 24, 2016, the Plaintiff loaned KRW 10,000,000 to C on February 24, 2023 as of the expiration date of the loan; interest rate and delay damages; interest rate shall vary; however, in installments, the principal and interest of loan shall be repaid on the 25th day of each month; and in the event of delay in performing the repayment obligation in installments, the Plaintiff shall lose the benefit due and make a repayment at once.

(hereinafter “instant loan agreement”). B.

C From April 25, 2018, from around April 25, 2018, C lost a benefit due to delayed repayment of the principal and interest of loan to the Plaintiff, and the principal and interest of loan as of March 5, 2020 is KRW 8,090,111.

C. On June 10, 1997, the Defendant and C have been married with two children (one of them was a minor at the time of the instant donation contract) under the chain, and completed the registration of transfer of ownership as to the 1/2 shares of each of the listed real estate in the separate sheet (hereinafter referred to as “instant real estate”) on grounds of a sales contract of which the purchase price was KRW 88,00,000,000 on November 26, 201 in a married life.

C On November 21, 2017, a contract to donate the instant real estate to the Defendant (hereinafter “instant donation contract”) was concluded, and on the same day, the registration of ownership transfer was completed for the instant real estate based on the instant donation contract.

E. On November 21, 2017, the Defendant and C reported a divorce, and on February 27, 2018, the Defendant had the right to care for his/her minor E (D) at the time, but they shared a divorce on the basis that C was paid the child support of KRW 500,000 per month from C.

[Ground of recognition] A without dispute, Gap evidence 1 to 3, Eul evidence 2 to 4, documents delivery to the Daejeon Family Court, and the purport of the whole pleadings

2. Whether the act constitutes a fraudulent act and the scope of its revocation;

A. As seen earlier, as at November 21, 2017, the Plaintiff concluded a donation agreement with the Defendant with respect to C as of November 21, 2017, and the principal and interest of the loan pursuant to the instant loan agreement.