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(영문) 대구지방법원 2019.02.19 2017가단27874

사해행위취소등

Text

1. Defendant B:

A. Machines, such as the Daegu District Court Kimcheon Branch on December 21, 2016, with respect to real estate listed in the attached list 1 through 5.

Reasons

1. Basic facts

A. On July 21, 2006, the Plaintiff lent D KRW 30,000,000 to D, and D did not repay D and filed a lawsuit against D with the Daegu District Court 2016Kadan17160. On September 23, 2016, the said court sentenced D to the judgment that “D shall pay to the Plaintiff the amount calculated at the rate of 18% per annum from April 7, 2008 to the date of full payment” (hereinafter “Plaintiff’s judgment”), and the said judgment became final and conclusive on October 14, 2016.

B. Each of the instant real estate was owned by the deceased E (hereinafter “the deceased”). Although the deceased died on February 24, 2005, D, F, and G did not register inheritance. However, on December 5, 2016, the Plaintiff completed the registration of transfer of ownership by inheritance on February 24, 2005 with respect to one third of the instant real estate, among D, F, and G, by subrogation of D based on the Plaintiff’s judgment on December 5, 2016.

C. Meanwhile, on December 25, 2004, the Defendants filed a lawsuit against F, D, and G, the deceased’s heir on the ground that they received a donation from the deceased on the instant real estate, and filed a lawsuit for ownership transfer registration claim against F, D, and G under the Daegu District Court Kimcheon-ro 2015Kadan8786. As the Defendants did not dispute, the said court rendered a judgment accepting the Defendants’ claim on August 11, 2016 (hereinafter “the Defendant’s judgment”), and the said judgment became final and conclusive on September 2, 2016.

According to the Defendants’ judgment, the Defendants completed the registration of ownership transfer (hereinafter “registration of ownership transfer”) on December 21, 2016 with respect to one half of each of the instant real estate based on the gift agreement (hereinafter “instant gift agreement”) on December 25, 2004.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, and 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The contract of donation of this case is primarily based on the plaintiff's assertion.