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(영문) 광주지방법원 2016.09.09 2016가단8300

사해행위취소

Text

1. The gift contract concluded on September 1, 2015 between the Defendant and B is KRW 45,562,032.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 36,00,000 to B on May 13, 2013. The principal and interest of the loan is KRW 45,562,032 (principal KRW 25,735,679, interest KRW 2,651,030, interest interest KRW 17,175,323) as of March 11, 2016.

B. On September 1, 2015, B entered into a contract to donate real estate (hereinafter “instant real estate”) recorded in the separate sheet to the Defendant, who is one’s denial (hereinafter “instant gift”), and completed the registration of ownership transfer in the name of the Defendant following the date.

C. As to the instant real estate, the registration of the establishment of a neighboring mortgage, which is the debtor B, the mortgagee B, and the non-mortgage-mortgage-based agricultural cooperative (hereinafter referred to as the “Seoul Mine-based agricultural cooperative”), was completed on June 27, 2008. On March 13, 2014, the registration of the establishment of a mortgage near the debtor B, and the mortgagee B, the mortgagee, and the mortgagee C, the mortgagee, on September 3, 2015, was completed.

9. The registration of the establishment of a neighboring establishment in the name of the Agricultural Cooperatives of the Republic of Korea was cancelled due to each termination.

On September 8, 2015, the establishment registration of the instant real estate was completed, which was the maximum debt amount of KRW 96,000,000, the debtor, the defendant, and the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance”) regarding the instant real estate.

E. Meanwhile, on the other hand, B filed an application for individual rehabilitation on August 14, 2014 and received a decision to commence individual rehabilitation procedures on December 3, 2012, and received a decision to authorize the repayment plan on January 30, 2015, but failed to repay according to the decision to discontinue individual rehabilitation procedures on January 25, 2016.

(Maju District Court 2014 29544). List of creditors submitted by B to a court in the course of the above individual rehabilitation procedure includes the instant real estate, and the list of creditors includes the Plaintiff.

F. B, on April 28, 2016, filed an application for individual rehabilitation again (Seoul District Court 2016 Session 14256), and submitted a list of property prepared on the premise that the instant real estate is still a property B’s property.

G. The market price of the instant real estate is KRW 137,500,000.