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(영문) 부산지방법원동부지원 2014.12.16 2014가단3889

사해행위취소 등

Text

1. The gift contract concluded on July 8, 2013 between the Defendant and C is KRW 25,392,931.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C and D seeking the return of the loan as Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Section 17679. On January 11, 2013, C and D jointly and severally paid to the Plaintiff KRW 1,00,000 as of the end of each month from February 2013 to March 2013; KRW 5,000,000 as of the end of April 2013 to July 31, 2013; KRW 27,700,000 as at August 31, 2013; KRW 27,700,000 as at each due date; KRW 00,000 as at the date of repayment; and KRW 20,000 as at the rate of 20,000 as at the date of repayment; and KRW 30,000 as at the date of payment.

B. D paid KRW 1,00,000 each to the Plaintiff on March 29, 2013 and April 10, 2013, respectively, as the principal stipulated in the instant conciliation, and C paid KRW 2,00,000 to the Plaintiff on May 27, 2013, and KRW 1,500,000 on June 4, 2013, and C paid a reasonable period thereafter to the Plaintiff as damages for delay. < Amended by Act No. 12538, Apr. 14, 2014; Act No. 12548, Apr. 29, 2014; Act No. 12584, May 13, 2014; Act No. 12575, May 29, 2014; Act No. 12726, Jun. 24, 2014>

C. On July 8, 2013, C entered into a contract (hereinafter “instant donation contract”) with the Defendant, one of his children, to donate the vessels listed in the separate sheet (hereinafter “instant vessel”) that he owned (hereinafter “instant vessel”), and on the same day, C completed the registration of transfer of ownership for the instant vessel based on the instant donation contract to the Defendant.

At the time of the donation contract of this case, C’s property status is as follows.

(1) Active property: 220,000,000 won in total. 1.00 million won in total. <20,000,000,000 won in total. 2. 501,000 Won in Busan-gun E-Ground (A) in Busan-gun. 120,000,000 won.