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(영문) 광주지방법원 2018.04.11 2017나4634
사해행위취소 등
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

C and the co-defendant A of the first instance trial.

Reasons

1. Facts of recognition;

A. On February 14, 2011, the Plaintiff-friendly Savings Bank Co., Ltd. (formerly amended: the Bank of Korea Ltd.) set a loan of KRW 5 million at 36 months and interest rate of KRW 37.54 per annum to C on February 14, 201. However, C lost the interest payment due date after August 24, 201. The said Bank of Eth-friendly Savings Co., Ltd, on June 8, 2016, transferred the said loan claim to the Plaintiff based on an asset acquisition agreement, and notified C of the transfer of credit (hereinafter “instant loan claim”).

2) As of July 13, 2016, the Plaintiff’s claim for the transfer of the instant real estate against C remains KRW 8,360,000. B.C’s fraudulent act 1) on September 6, 2012, as the husband of the first instance trial, donated the real estate in the separate sheet (hereinafter “instant real estate”) that is the only property to the co-defendant A (hereinafter “A”), a co-defendant who is the husband of the first instance trial (hereinafter “A”), and completed the registration of transfer of ownership on the instant real estate on the same day.

2) On June 19, 2013, A sells the instant real estate to the Defendant, the father of C, the sole property of which is the Defendant (hereinafter “instant sales contract”).

(C) On June 20, 2013, the following day completed the registration of ownership transfer on the instant real estate. (c) At the time of the instant donation agreement, the instant real estate was completed on June 15, 2013, the registration of ownership transfer was completed on the grounds that the establishment of the instant real estate was completed on January 15, 2013, based on the termination of January 14, 2013.

The secured debt of the above right to collateral security is KRW 25,960,000 as of the time of the donation contract of this case.

2. The instant real estate after the donation contract of this case is concluded.

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