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(영문) 창원지방법원진주지원 2019.08.14 2018가단38184

사해행위취소

Text

1. The gift agreement entered into on March 28, 2018 between the Defendant and F with respect to real estate listed in the separate sheet is KRW 26,745,625.

Reasons

1. Facts of recognition;

A. Claim No. 1 against the deceased A F) Net A (hereinafter “the deceased”).

(2) On November 13, 2017, F and Jinju entered into a lease agreement with the Defendant on the payment date of the lease deposit of KRW 340 million, the lease deposit of KRW 20 million, the lease deposit of KRW 20 million, the intermediate payment of KRW 80 million until December 29, 2017, and the remainder of KRW 240 million until February 26, 2018. At the time of the said agreement, F was not the owner of the said apartment, but F had the right to register the ownership of the said apartment at the same time as the intermediate payment was paid by the deceased, and F had the right to register the ownership of the said apartment at the same time as the payment of the remainder of the deceased was cancelled.

3) On December 29, 2017, the date for the payment of intermediate payment, F, through Plaintiff B, the deceased’s husband, and on January 15, 2018, F notified the Defendant and F, through Plaintiff B, the deceased’s husband, of the cancellation of the said lease and the redemption of KRW 40,000,000,000,000,000 based thereon. (4) The Deceased filed a lawsuit against F, February 13, 2018, seeking payment of the said KRW 40,000,000,000,000 and the delay damages therefor (Seoul District Court Jinwon Branch Branch Decision 2018Ga31077), and on June 4, 2018, the said court made a decision on June 30, 2018, stating that “F, on June 31, 2018,” the Defendant and F, calculated a settlement recommendation by the rate of 201,000,0000.

5) On October 23, 2018, the Deceased received dividends of KRW 1,596,187 through a compulsory auction by corporeal movables (CJA), and as of October 24, 2018, the Deceased’s claim against F against the Deceased as of October 24, 2018 (hereinafter “instant preserved claim”).

(2) The amount of 26,679,840 won plus the interest of 1,276,027 won from July 1, 2018 to October 23, 2018 (i.e., 27,000,000 x 0.0.0