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(영문) 전주지방법원 2018.09.07 2017가단24283

사해행위취소

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1. A donation contract concluded on December 9, 2015 between the defendant and the non-party B on each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff entered into a loan transaction agreement with the Plaintiff and C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) with the Non-Party Company and Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) with a loan agreement and Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd. 1”), the Plaintiff repaid the loan amount of KRW 80,000,000 on a two-year grace period, and the repayment of principal shall be paid in installments every three months on a three-year grace period after the expiration of the grace period. The interest rate was 4.43% per annum, and the annual interest rate was 12% per annum, and the Non-Party Co., Ltd. became a joint guarantor on August 8, 2013.) The Plaintiff entered into a loan transaction agreement with Non-Party Co., Ltd. on a three-year grace period of KRW 120,00,000 on a two-year grace period.

3) As of October 17, 2017, each of the loans that Nonparty Company and B shall pay to the Plaintiff as of October 17, 2017 is KRW 187,373,497. B. Each of the real estates listed in the separate sheet No. 1 (hereinafter “each of the instant real estates”).

(1) On December 9, 2015, the Defendant, who is both B and B, entered into a gift agreement with respect to each of the instant real estate (hereinafter “instant gift agreement”) and completed the registration of ownership transfer completed as of December 22, 2015 by the former District Court, Jinan District Court, Jinan District Court, as of each of the instant real estate.

2) At the time of the conclusion of the above gift contract, each of the instant real estate was the only real estate B. [The fact that there is no dispute over the grounds for recognition, Gap 1 through 14, the fact inquiry about the Court Administration Office of this Court, the purport of the entire pleadings

2. Determination of the parties' arguments

A. One debtor's judgment on the cause of the claim is to sell real estate, which is the only property, and change it into money which is easily consumed, barring special circumstances, and it is the subjective element of the fraudulent act.