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(영문) 광주지방법원해남지원 2020.08.11 2020가단200402
사해행위취소
Text

1. With respect to 327 square meters in a miscellaneous land in Jeonnam-gun, Jeonnam-do:

(a) A donation contract entered into on May 13, 2019 between D and the Defendant.

Reasons

1. Basic facts

A. D around April 21, 2016, concluded a credit guarantee agreement of KRW 136 million on the guaranteed amount (hereinafter “the instant credit guarantee agreement”) with the Plaintiff, and received loans of KRW 160 million from E Union on April 22, 2016 (hereinafter “E”).

B. The plaintiff is the above D. A.

On November 19, 2019, the amount of 119,698,226 won was subrogated to E on November 19, 2019.

C. The Plaintiff’s principal and interest on indemnity based on the instant credit guarantee agreement with D is KRW 121,55,826, totaling the amount as of December 26, 2019 (i.e., principal of indemnity of KRW 119,698,226) (i.e., KRW 1,857,600), and the amount of damages determined by the Plaintiff is 12% per annum.

D A. On January 31, 2018, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate, which was donated on May 13, 2019 (hereinafter “instant gift agreement”). On May 14, 2019, the Defendant completed the registration of ownership transfer (No. 5226 of the receipt of the Gwangju District Court Do Branch Office, No. 526, hereinafter “instant ownership transfer”).

E. At the time of the instant donation contract as indicated in the following table, D’s active property is KRW 249,003,060 in total, and the small property was KRW 597,800,000 in total, and D was in excess of its obligation.

[Attachment - Active Property] List 1,782§³ 32,07,00 square meters in Fyang 1,782 m2,07,00 m2,00 m2,00 m2,00 m2,07,88,9, and 2,000 m3,031 m23,331 m23,958,000 m2,00 m23,331 m23,331 m2,00 G, Donam-do, H ground, and 569.64 m2,00 m2,000 m2,000 m20,000 m20,000 m36,00 m20,000 m36,00 m2,000 m30,00 m36,000 m2,000 m2,00

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