beta
(영문) 청주지방법원 2020.11.06 2020가단26652

사해행위취소

Text

1. As to shares of 1/2 of each of the real estate listed in the separate sheet:

A. The Defendant and D signed on November 26, 2019.

Reasons

1. Facts of recognition;

A. On January 26, 2018, the Plaintiff loaned 170,000,000 won to D at an annual interest rate of 7.9% per annum, 25% per annum, and 60 months in repayment method, with the principal and interest repaid.

D has lost the benefit of time due to delay in repayment of principal and interest, and the debt amount to the Plaintiff as of April 29, 2020 is KRW 58,958,794.

B. D, at the time of November 26, 2019, donated each real estate listed in the separate sheet (hereinafter “instant housing”) to the Defendant, who was the wife, as of November 26, 2019, and completed the registration of ownership transfer as of November 29, 2019 as the receipt No. 21260 on the instant housing.

C. D was married on March 15, 1995 with the Defendant and had two children among them, and completed the divorce report on January 21, 2020.

At the time of the donation contract of this case, the registration of the change of the right to collateral security was completed on December 12, 2018, which changed the debtor as the reason of underwriting the contract of this case, on January 12, 2018, with the Cheongju District Court, Cheongju District Court No. 861, which was received on January 12, 2018, and the registration of the change of the right to collateral security that changed the debtor as the reason of underwriting the contract of this case.

E. At the time of the instant donation contract, the publication price of the instant house was KRW 177,490,100, and the instant house was the only property D.

Meanwhile, D around the time of the instant donation contract with the Plaintiff, as well as the instant loan obligations against the Plaintiff, the loan obligations of KRW 6,927,000 for the F Bank, KRW 36,000 for G, KRW 35,99,00 for H, KRW 7,504,00 for the I Stock Company, KRW 118,00 for the E Association, and KRW 204,430,000 for the total amount of KRW 18,000 for the E Association.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

2. The plaintiff asserted by the parties concerned is the case of this case which was concluded between D and the defendant with respect to this case.