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(영문) 수원지방법원 2020.04.28 2019가단14741
사해행위취소 등
Text

1. A donation contract concluded on November 1, 2018 between the Defendant and C with respect to one-half share of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The defendant and C have married on July 15, 2008, and the defendant and C have married as son (E).

B. On September 30, 2009, the Defendant and C purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from F in the purchase price of KRW 145 million (hereinafter “instant sales contract”). On October 30, 2009, the Defendant and C completed the registration of ownership transfer of each of the instant real estate on October 30, 2009.

C. On August 31, 2015, the Defendant and C concluded a mortgage agreement with G Cooperatives (hereinafter “G”) regarding the instant real estate, with the maximum debt amount of KRW 60 million, and with the debtor, concluded a mortgage agreement with the debtor on the same day, and completed the registration of creation of a mortgage in the vicinity of G name (hereinafter “the registration of creation of a mortgage in the instant case”).

On May 17, 2018, the Plaintiff and C entered into a loan transaction agreement with the Plaintiff to obtain a loan by setting the interest rate of KRW 20.8% per annum, 36 months of the loan period, the principal and interest rate per annum, and 23.8% per annum. Accordingly, the Plaintiff paid KRW 22 million to C on May 18, 2018.

(hereinafter referred to as the “instant loan claim”), which the Plaintiff acquired with respect to C following the conclusion of the said loan transaction agreement and the payment of the loan, is E.

On October 8, 2018, the Defendant and C applied for the confirmation of the intention of divorce (2018No. 3733) in this court on October 8, 2018.

F. On November 1, 2018, C completed the registration of transfer of ownership on the ground of donation on the same day (hereinafter “instant donation contract”) with respect to the portion of 1/2 shares owned C among the instant real estate to the Defendant.

G. The registration of the establishment of a nearby the instant case was cancelled on November 9, 2018 on the grounds of termination on the same day.

H. On February 13, 2019, the Defendant and C confirmed their intention to divorce in this Court, and reported divorce on February 19, 2019.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 4, 6, Eul's 3 through 5, the purport of the whole pleadings

2. The occurrence of the right to revoke the fraudulent act;

A. Determination as to the cause of the claim 1.

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