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(영문) 대구지방법원서부지원 2015.10.07 2014가단35581

사해행위취소등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 3, 2009, at the request of Defendant B, the Plaintiff claimed that he/she would borrow a loan of KRW 14,400,00 from Han Bank Co., Ltd. (hereinafter “I Bank”) and lent KRW 14,29,260 out of the loan to Defendant B. Defendant B paid KRW 3,000,000 to Defendant B with the remainder of the loan as well as the interest on the loan, and donated the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property without paying the remainder of the principal and interest on the loan.

Therefore, the gift agreement concluded on July 16, 2013 between the Defendants on the instant real estate is a fraudulent act detrimental to the Plaintiff, a creditor of the loan under Defendant B, and thus, Defendant C is obligated to implement the procedure for registration of cancellation of ownership transfer on the said real estate due to the said gift agreement to restore the original state to its original state.

2. In full view of the following facts: (a) evidence Nos. 3-1, 2, 4-1, 2, 5 through 9, 12-1, 12-1, and 12-1 of the evidence No. 3-2; (b) the Plaintiff borrowed 14,400,000 won from one bank on September 3, 2009 as a loan from one bank; and (c) at the time of the above loan, Defendant B was leased part of the real estate of this case to E (her mother) and returned the lease deposit to E upon termination or termination of the lease contract, the Plaintiff was obligated to return the lease deposit directly to one bank; (d) 14,29,260 won after deducting the guarantee fee from the above loan was deposited into the account of Han Bank; (e) 1,00,000 won was deposited into the account of the Plaintiff’s account; and (e) 2) the Plaintiff’s account was deposited into the account of Han Bank; and (e) the Plaintiff’s account was deposited into two to be deposited with the account No.