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(영문) 서울중앙지방법원 2015.10.08 2015가단48199

사해행위취소

Text

1.(a)

On December 23, 2014, it is concluded on December 23, 2014 with respect to 6/100 of the real estate listed in the attached list between the defendant and B.

Reasons

1. Presumed factual basis

A. A. On April 1, 2006, B subscribed to a credit card member and used a credit card from that time, but did not pay the purchase price. As of December 23, 2014 and January 18, 2015, B’s credit card use price amounted to KRW 104,292,745.

B. B, on December 23, 2014, owned 6/100 of the real estate listed in the separate sheet (hereinafter “instant real estate”), concluded a mortgage agreement between the Defendant, one’s mother, with respect to 6/100 of the instant real estate, with the maximum debt amount of KRW 50 million (hereinafter “instant mortgage agreement”). On December 24, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage on December 24, 2014.

On January 18, 2015, B entered into a donation contract with the Defendant (hereinafter “instant donation contract”) with respect to six percent of the instant real estate on January 18, 2015, and completed the registration of ownership transfer to the Defendant on January 20, 2015.

C. At the time of the instant contract to establish a mortgage and the instant donation agreement, B had the market value of KRW 260,000,000,000 (hereinafter “C apartment”) as well as the 6/100 of the instant real property. The said C apartment had no substantial value of property since the instant apartment was established with the first priority mortgage of KRW 247,00,000 (the secured debt amount of KRW 181,767,000 (the secured debt amount of KRW 181,767,00) with the bank as the mortgagee, and the second priority mortgage of KRW 120,000 (the secured debt amount of KRW 100,000,000) with the Bank as the mortgagee.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 12, investigation results of fact finding to the head of Nowon-gu in Seoul Special Metropolitan City, the Chairperson of the Federation of Banks, the purport of the whole

2. The establishment of a fraudulent act;

A. As to the instant contract to establish the right to collateral security, B’s share out of 6/100 of the instant real estate shall be the Defendant’s right to collateral security.