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(영문) 전주지방법원남원지원 2019.11.13 2019가단10812

사해행위취소

Text

1. The gift contract concluded between the Defendant and C on October 5, 2015 regarding real estate stated in the separate sheet is KRW 25 million.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in wholesale and retail business, such as agricultural machinery, with the trade name “D” in Nam-si, and C is a person who engages in sales business of agricultural machinery, etc. with the trade name “E” in Kimpo-si, and the Defendant is the spouse of C.

B. On February 14, 2012, the Plaintiff entered into an agency contract with C, and “the Plaintiff shall pay C a deposit of KRW 25 million, and sell cardiotopy scrapers supplied by C for three years.” The Plaintiff paid KRW 25 million to C.

Although the above agency contract has expired on February 13, 2015, C did not return the deposit amount of KRW 25 million to the Plaintiff.

On October 2018, the Plaintiff filed a lawsuit against C with this Court No. 2018 Ghana1976 against this Court. Around December 7, 2018, the Plaintiff confirmed that “C shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from November 23, 2018 to the date of full payment” with respect to KRW 25 million and the amount calculated at the rate of 15% per annum from November 23, 2018.

(hereinafter “Plaintiff’s claim”). C.

C on October 5, 2015, the Defendant donated real estate (hereinafter “instant building”) indicated in the separate sheet, the sole property of which is the Defendant (hereinafter “instant donation contract”), and the Defendant completed the registration of ownership transfer regarding the instant building on the same day.

Around October 5, 2015, the Defendant obtained a loan from FF Co., Ltd. on October 5, 2015, and concluded a mortgage contract with the said company on October 5, 2015, setting up the maximum debt amount of the instant building, KRW 75.6 million with respect to the said company, and the debtor’s right to collateral security. On the same day, the Defendant completed the establishment registration of a neighboring mortgage with respect to the said company.

E. The registration of the establishment of a neighboring mortgage and the registration of the establishment of a right to lease on a deposit basis under the name of G Union, each of which was completed in the name of H Co., Ltd. prior to the conclusion of the instant gift agreement, was cancelled on October 6, 2015 due to the termination of each contract.

[Reasons for Recognition] There is no dispute.