소유권말소등기
1. As to the real estate stated in the separate sheet between the Defendant and D, the gift agreement entered into on February 23, 2018 shall be KRW 18,00,000.
1. On November 15, 2002, the Plaintiff lent KRW 20,000,00 to D.
The Plaintiff was ordered to pay D 15,103,078 won and 13,548 won and 13,548,658 won and 25% interest per annum from February 12, 2004 to the date of full payment. In the loan case No. 2019, Seoul Southern District Court Decision 2019Hu6951, the Plaintiff was issued an order to pay 43,979,012 won and 15,826,000 won with 15% interest per annum from August 22, 2019 to the date of full payment.
Don February 23, 2018, the real estate stated in Paragraph 1 of the Disposition (hereinafter “instant real estate”) which is one’s sole property, was donated on February 23, 2018 to the Defendant, one’s own child (hereinafter “instant donation”), and completed the registration of ownership transfer on February 26, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The establishment of a fraudulent act, the scope of revocation and compensation for its value;
A. According to the facts established on the basis of the establishment of a fraudulent act, the Plaintiff’s claim for loans against D was incurred prior to the instant donation, and thus, is subject to the preservation claim for revocation of a fraudulent act. The instant donation constitutes a fraudulent act by giving the sole property donation. Considering D’s financial ability, D’s relationship with the Defendant, etc., it can be acknowledged that D’s intent is recognized, and the Defendant’s bad faith is presumed to have been
Therefore, the gift of this case between D and the defendant should be revoked as a fraudulent act.
B. After the donation of this case, the Defendant sold the instant real estate to E on July 11, 2018 and completed the registration of ownership transfer after selling the instant real estate in KRW 18,00,000. The fact that the instant real estate was sold even thereafter and the registration of ownership transfer was completed is without dispute between the parties. Accordingly, the Defendant is liable to compensate the Plaintiff for the value of the instant real estate.
In relation to the value of the instant real estate.