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(영문) 광주지방법원 2019.05.15 2018가단511145

사해행위취소

Text

1. The contract of donation concluded on April 17, 2013 between the defendant and C concerning each real estate listed in the separate sheet shall be revoked.

Reasons

1. Facts of recognition;

A. From March 7, 2007 to March 31, 2008, the Plaintiff: (a) was sentenced to a judgment of the court of this case that, on March 3, 2016, C paid to the Plaintiff money at the rate of KRW 15% per annum from March 7, 2007 to March 31, 2008, the Plaintiff acquired KRW 19.8 million through deception from January 8, 2014, and KRW 1.2 million from January 8, 2014 to January 31, 2016; and (b) was finalized around that time, C paid to the Plaintiff money at the rate of KRW 21 million and KRW 15% per annum from March 3, 2016 to the date of full payment.

B. The registration of ownership transfer in the name of the Defendant was made on April 17, 2013 by the registry office of the Gwangju District Court as the receipt of No. 73962 on April 17, 2013 on each real estate listed in the separate sheet, which was owned by C (hereinafter “each real estate of this case”).

C. On November 7, 2016, the Plaintiff was deposited as KRW 6959 of this Court, with the Plaintiff as the principal deposit, and paid KRW 200,000,000 to the Plaintiff on November 17, 2016, and was sentenced to a fine of KRW 3 million on November 2016.

C owned two automobiles equivalent to 16,387,00 won in addition to the above real estate at the time of the donation.

E. On January 4, 1985, the Defendant was married with C on January 4, 1985, and the consultation was married on October 27, 2015.

F. D’s judgment became final and conclusive around December 27, 2015, with respect to the claim for loans of 2014da58417 (No. 201Gada58417) that caused C to be paid KRW 27,500,000 on three occasions from December 16, 2011 to December 30, 201, by deceiving C to be employed by the Plaintiff, and that C shall pay 5% per annum from December 30, 2011 to March 30, 2015, with 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of complete payment.