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(영문) 광주지방법원 목포지원 2018.01.31 2017가단4353

사해행위취소 등

Text

1. As to shares of 2/7 of each of the real estate listed in the separate sheet:

A. On March 25, 2014 between the Defendant and B (C).

Reasons

1. The indication B, while the Plaintiff is liable to compensate for damages equivalent to KRW 193,50,000, the Plaintiff entered into a contract with the Defendant on March 25, 2014 with respect to two-seven shares of each of the real estate indicated in the separate sheet, the only property, and the contract on donation with the Defendant on March 28, 2014 (hereinafter referred to as the “instant contract on donation”). The order 1-b of the Defendant on March 28, 2014.

The registration of ownership transfer, such as the entry in the port, was completed respectively.

Since the gift contract of this case is a fraudulent act detrimental to the plaintiff, who is the general creditor of B, it should be revoked, and the defendant's bad faith, who is the debtor, is presumed to be the beneficiary of B.

Therefore, the defendant shall restore the original state following the cancellation of the gift contract of this case to the original state B with regard to 2/7 shares of each of the real estate in the attached Form No. 1-B

As described in paragraph (1), each of the registration procedures for cancellation of transfer of ownership shall be implemented.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts.