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(영문) 서울서부지방법원 2015.12.17 2015가합854

사해행위취소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On October 31, 2011, two copies of the loan certificate stating that "the deceased borrowed KRW 50 million from the plaintiff on December 31, 2011 with the interest rate of KRW 2% per month and 2% per month of the maturity date of payment from the plaintiff and set up a collateral to Pyeongtaek-gun G in Gangwon-do as collateral (A evidence 2-1, A-5, hereinafter collectively referred to as "each of the loan certificates of this case") was prepared in the name of the deceased (hereinafter referred to as "the deceased").

The Deceased guaranteed the obligation of loans according to the respective loan certificates of this case.

The Plaintiff transferred KRW 50 million to H’s account on the same day (hereinafter “instant loan”).

The deceased died on January 11, 2014, and his father, E and mother, as his inheritor, have I.

E on June 24, 2014, the real estate listed in the separate sheet (hereinafter “instant real estate”) donated 1/3 shares to the Defendants, who are children, respectively (hereinafter “instant gift agreement”), and completed the registration of ownership transfer based on donations on June 26, 201.

(hereinafter referred to as the “registration of this case”). [Ground] without dispute, each entry of Gap evidence Nos. 2 through 5 (including serial numbers; hereinafter the same shall apply) and the plaintiff’s assertion to the purport of the whole pleadings: The plaintiff’s assertion to the purport of the whole pleadings: The gift contract of this case is a fraudulent act that Eul donated the real estate of this case, the only property of the defendants who are children, and the defendants are beneficiaries of bad faith

As the Plaintiff leased the instant loan to the Deceased, it sought revocation of the fraudulent act of the instant donation contract with the instant loan claim as the preserved bond, and sought revocation of the registration of the instant loan due to restitution.

The Defendants’ assertion: The instant loan was borrowed from the Plaintiff in the name of H, other than the Deceased.

In addition, even if the Deceased borrowed the instant loan, the Deceased repaid all of the instant loan.

Therefore, this case against the deceased, who is the preserved claim.