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(영문) 수원지방법원성남지원 2020.05.13 2019가단210955 (1)

사해행위취소

Text

D and Defendant B on February 8, 2017, with respect to 1/2 of the shares in the attached list 1 through 3 real estate.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (E Co., Ltd. changed its trade name on September 23, 2010; hereinafter “A”) leased money upon entering into a credit transaction agreement with F Co., Ltd. (hereinafter “F”) around 2004, and at the time D guaranteed F’s obligation.

A around 2010, filed a lawsuit against F and D seeking loans, and received a final and conclusive judgment stating that “D shall pay 456,627,022 won jointly and severally with F and 256,156,842 won a rate of 10% per annum from February 9, 2010 to the date of full payment” (Korean District Court Decision 2010Da12791 Decided May 14, 2010).

B. Around November 17, 2016, D completed the registration of ownership transfer based on gift on February 8, 2017 with respect to the instant 1/2 shares among the real estate 1 through 3 listed in the separate sheet (hereinafter “instant 1 through 3 real estate shares”), and completed the registration of ownership transfer based on gift on February 8, 2017 with respect to the instant 1 through 3 real estate shares under insolvent (hereinafter “instant 4 real estate shares”). As to the instant 4 real estate shares, D completed the registration of ownership transfer based on donation to Defendant C, his spouse, for the instant 4 real estate shares, due to donation on February 8, 2017.

C. On July 1, 2013, A received a bankruptcy decision by the Seoul Central District Court 2013Hahap88, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the portion of the instant real estate 1 through 3 real estate acquired by D in excess of his/her obligation through testamentary gift to Defendant B, and each donation to Defendant C constitutes a fraudulent act that reduces the common security of D’s general creditors.

The defendants are the defendants of this case 1 to 4.