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(영문) 서울북부지방법원 2017.01.12 2015가단145785
사해행위취소
Text

1.(a)

A donation contract concluded on September 2, 2014 between B and the Defendant on September 2, 2014 shall be 8,94.

Reasons

1. Facts of recognition;

A. On February 21, 2013, the Plaintiff’s claim for the transfer-in (1) against the Plaintiff’s B (right to preservation) was determined and lent to B on February 21, 2013, KRW 7 million at the loan rate of 48 months and interest rate of 38.9% per annum.

However, B lost the benefit of time due to the delinquency in payment of interest.

On February 16, 2015, the above bank transferred the above loan claims to the Plaintiff, and notified B of the fact of transferring the claims.

(B) On September 14, 2015, the Plaintiff filed an application with the court for payment order (No. 2015 teas 43402) against B for the payment of the instant obligation to acquire the instant obligation. On September 14, 2015, the court ordered B to pay to the Plaintiff the amount of KRW 7,302,805 and KRW 5,373,179 per annum for KRW 38.9% per annum from August 25, 2015 to the date of full payment, and the said order was finalized on November 19, 2015.

(3) As of June 9, 2016, the Plaintiff’s claim on the instant transfer money against B remains in KRW 8,94,185.

B. On September 2, 2014, B’s fraudulent act (donation) B donated on September 2, 2014, the real estate indicated in the separate sheet (hereinafter “instant real estate”) that is the only property for the Defendant, who is his/her father, to the Defendant, and is called “the instant gift.”

(C) On the same day, the registration of ownership transfer was completed to the Defendant. (1) At the time of the donation of this case, the real estate of this case was registered with the Daegu District Court on March 30, 2006, the maximum debt amount of 34,800,000 won, B, and the National Agricultural Cooperative Federation Federation, which was the debtor, and the National Agricultural Cooperative Federation Federation, as the registration of ownership transfer was completed. However, the registration of ownership transfer was cancelled on March 19, 2015, which was after the donation of this case. Meanwhile, the secured debt amount as of the donation of this case as of the donation of this case was KRW 29 million. (2) In addition, at the time of the donation of this case, at the time of the donation of this case.

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