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(영문) 의정부지방법원고양지원 2015.02.04 2014가단26203

사해행위취소 등

Text

1. The gift agreement between C and the Defendant on May 23, 201 with respect to real estate indicated in the separate sheet shall not exceed KRW 138,695,00.

Reasons

1. Facts of recognition;

A. On June 28, 2012, the Plaintiff filed a lawsuit against C to the effect that “C acquired KRW 233,895,000 by deception” from August 5, 2010 to July 28, 2011, and that “C shall pay Plaintiff A the amount of KRW 233,895,000 and delay damages therefor,” which became final and conclusive around that time.

However, the plaintiff's claim for damages incurred before May 23, 201 is KRW 138,695,00.

B. Meanwhile, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), C completed the registration of transfer of ownership based on the gift agreement of May 23, 201, which was received as of May 24, 201, under the name of the Defendant, who is his father.

C. After doing so, the Defendant repaid KRW 213,115,500 of the Industrial Bank of Korea loans pursuant to the contract establishing a right to collateral security on December 24, 2009 of DNA Co., Ltd., and cancelled the registration of establishment of a right to collateral security on the instant real estate on December 2, 2012.

The instant real estate was the only value of C, but its market value as of the closing date of the pleadings is KRW 400 million.

[Ground for Recognition: Facts without dispute, entry of evidence A No. 12, result of the commission of appraisal to appraiser D by this court, purport of whole pleadings]

2. Assertion and determination

A. The Defendant’s donation of the instant real estate, which is a valuable property by C, which bears the revocation of the fraudulent act and compensation for equivalent value, to the Plaintiff, is a fraudulent act.

Therefore, the agreement on the gift of the instant real estate between C and the Defendant on May 23, 201 should be revoked. The Plaintiff’s preserved claim amounting to KRW 138,695,00, and the Defendant’s secured debt amounting to KRW 213,115,50,00, deducted the Defendant’s secured debt amounting to KRW 213,115,50,00 from the market price of the instant real estate at KRW 400,00,000, cannot be revoked (which exceeds the Plaintiff’s secured debt amount).