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(영문) 의정부지방법원 2014.12.11 2013가단159400
사해행위취소
Text

1. The gift contract entered into on July 29, 2010 between the Defendant and B is KRW 14,182,895.

Reasons

1. Facts of recognition;

A. B on June 9, 2005, the date of the loan period was set as June 6, 2006 from the Bank of Korea to lend KRW 9 million to the Bank, and thereafter, the extension of the loan period was made several times, and the payment of principal and interest was delayed from September 1, 2010.

B. Since then, on December 13, 2011, our bank transferred the above loan claims against B to AB, through a contract to sell and purchase the bonds, to AB, and the above claims were re-transfered to B, as a creamble Partners Loan Co., Ltd. on the same day, and thereafter transferred to the Plaintiff on December 14, 2012. As of September 12, 2013, B’s debt amount is KRW 14,182,895 in total.

C. Meanwhile, on October 16, 2007, B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On July 29, 2010, B decided to donate the instant real estate to the Defendant (hereinafter “instant donation contract”) and completed the registration of ownership transfer with respect to the instant real estate due to donation to the Defendant on the same day.

At the time of the donation contract of this case, the right to collateral security was established in the name of the maximum debt amount of KRW 26 million, and the debtor B, KS life insurance Co., Ltd. (former Life Insurance Co., Ltd.).

Since then, with respect to the instant real estate, the auction procedure was initiated through the application for auction by the future life insurance company for the future, and on August 21, 2014, the registration of transfer of ownership in D was completed due to the sale by voluntary auction, and on the same day, the registration of creation of mortgage in the name of the Industrial Bank of Korea, the maximum debt amount of which was KRW 24 million, and the debtor D, was completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7, purport of the whole pleadings

2. Determination

A. A. A claim that can be protected by the obligee’s right of revocation for the establishment of a preserved claim is, in principle, an act that can be viewed as a fraudulent act.

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