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(영문) 서울서부지방법원 2019.10.11 2018가단223743
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 7,00,000 to C in total from August 17, 2012 to October 1, 2014 in the course of Nonparty C’s participation in the mutual aid and activity.

(hereinafter “instant loan”). The Plaintiff filed a lawsuit against C from July 7, 2015 to request C to repay the above loan (Seoul Western District Court Decision 2016Gadan31902) and was sentenced on September 20, 2017 to “C shall pay to the Plaintiff 7,00,000 won with 5% per annum from August 7, 2015 to October 25, 2016, and 15% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive around that time.

B. Although the Defendant and C were legally married couple, on November 6, 2015, the Seoul Family Court 2015ddan320407, and the case of divorce and consolation money, the following conciliation was concluded and divorced.

1. The plaintiff (referring to the defendant in this case; hereinafter the same shall apply) and the defendant (referring to C; hereinafter the same shall apply) shall be divorced.

2. The Defendant shall pay 30,000,000 won as consolation money to the Plaintiff until December 31, 2016, and if such payment is delayed, the Defendant shall pay the unpaid principal plus damages for delay calculated at the rate of 5% per annum from the day following the payment date to the day of full payment.

3. Except as provided above, the plaintiff and the defendant shall not claim property, such as consolation money and division of property, with respect to the divorce of this case.

C. On January 7, 2008, the Defendant and C acquired real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer with 1/2 co-ownership shares (hereinafter “instant real estate shares”). On June 13, 2016, after the divorce, C donated the above 1/2 shares to the Defendant, and completed the registration of ownership transfer on the same day.

(The contract concerning the above donation is referred to as the "instant donation contract"). 【No dispute exists concerning the ground for recognition, and as set forth in Section A1 through 1.

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