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(영문) 수원지방법원성남지원 2020.08.14 2018가합405173

사해행위취소

Text

1.(a)

The gift contract concluded on January 6, 2017 between Defendant A and D with respect to the real estate listed in attached Form 1 shall be 463,34.

Reasons

1. Basic facts

A. On July 13, 2016, the Plaintiff and E’s joint and several sureties 1) Plaintiff Company E (hereinafter “Nonindicted Company”) on July 13, 2016.

(2) On the same day, D, which was a director of the non-party company on the same day, made a loan contract with each of the following terms: (a) the repayment of principal was made on July 15, 2016; (b) the repayment of principal was made for two years; (c) the method of installment repayment each month on the date of repayment of principal and interest for three years after the expiration of the grace period; and (d) the respective payment timing of interest was delayed in paying principal or interest each month in accordance with the schedule of repayment of principal and interest; (b) the interest rate was 1.35% per annum; and (c) the interest rate was 1.35% per annum; and (d) the interest rate was 12% per annum per annum; and (e) the interest rate was 2) the Plaintiff’s debt owed by the non-party company to the Plaintiff (hereinafter “the debt of this case”).

B. The apartment donation D’s apartment donation to Defendant A entered into a donation contract with Defendant A on January 6, 2017 (hereinafter “instant apartment”) with respect to the real estate listed in attached Form 1 (hereinafter “instant apartment”), and completed the registration of transfer of ownership with respect to the instant apartment under Defendant A’s name as Suwon District Court’s receipt registry office for Sung-nam branch branch of Sungwon District Court on January 19, 2017.

C. On June 2017, Defendant B and C’s mortgage creation 1) borrowed KRW 160 million from Defendant B with respect to the instant apartment, Defendant B entered into a mortgage agreement with the mortgagee B, the debtor, and the maximum debt amount of KRW 200 million with respect to the instant apartment, and on June 12, 2017, Defendant B completed the registration of the establishment of a neighboring mortgage on the instant apartment as the receipt of the Sungwon District Court’s Sung-nam Branch Branch of Family Court’s branch office (hereinafter “the first collateral mortgage registration”) (hereinafter “the first collateral mortgage registration”).

(2) On December 22, 2015, Defendant C is KRW 200 million to Nonparty C.