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(영문) 울산지방법원 2016.06.23 2014가합7984

사해행위취소

Text

1. The contract to establish a right to collateral security concluded on March 28, 2014 between the Defendant and C regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on October 20, 1992, and the Defendant is C’s father.

B. C concluded a mortgage agreement with the Defendant on March 28, 2014 (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 2,000,000,000 (hereinafter “the instant real estate”), and concluded a mortgage agreement with the Defendant on March 28, 2014, and completed the registration of establishment of a mortgage on each of the real estate listed in the attached list (hereinafter “instant real estate”). < Amended by Act No. 29793, Mar. 28, 2014>

C. On March 27, 2014, the Plaintiff and C brought a lawsuit seeking divorce, consolation money, and division of property against C on March 28, 2014, the marital life of the Plaintiff and C gradually disappeared between the parties, and around December 22, 2013. On March 27, 2014, at the end of the marital fighting between the Plaintiff and C, the Plaintiff was admitted to the emergency refuge area operated by the Women’s Emergency Call Center located in the Ulsan-gu Central Emergency Call Center in Ulsan-gu, Seoul-gu, and 162.2) On March 28, 2014, the Plaintiff brought a lawsuit seeking a divorce, consolation money, and division of property against C on March 28, 2014, the first instance court (Ulsan District Court 2014Da2952, Jun. 22, 2015) declared that the divorce between the Plaintiff and C was divorced, and that the Plaintiff and the Plaintiff’s damages for delay was dissolved to the Plaintiff, 16536.

3) On May 12, 2016, the appellate court (Ulsan District Court 2015Reu371) changed the part concerning the division of property among the judgment of the first instance on May 12, 2016 and rendered a judgment that “C shall pay to the Plaintiff the property division of KRW 625,23,906 and the delay damages therefor,” which read that “C shall pay the Plaintiff the property division of KRW 625,23,906.”

each entry, a substantial fact in this court, the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's assertion.