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(영문) 수원지방법원 2017.12.19 2017가단526
사해행위취소
Text

1. On February 25, 2016, the real estate stated in the separate sheet between the defendant and the non-party C (D) was concluded.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit transaction agreement with Nonparty C and loaned KRW 40,000,000,000 as full-time loan on April 18, 2013.

(The first due date was January 26, 2014, and thereafter was postponed on January 26, 2016). (b)

The above loan is a lease of money and its qualification condition "if all members of the household are non-resident, the spouse's total income of 50,000,000 won or less. Nonparty C did not notify the Plaintiff of the conclusion of the sales contract on the real estate stated in the separate sheet on December 17, 2013 at the time of applying for an extension of maturity of the above loan. (c) Nonparty C did not register the transfer of ownership on the real estate listed in the separate sheet on February 17, 2014. Nonparty C did not repay the loan on January 26, 2016, which is the extended maturity date. On February 25, 2016, Nonparty C concluded a contract to donate the real estate listed in the separate sheet to the Defendant, her husband, who is his husband, to the Housing Corporation at the time of request for the payment of the loan on March 23, 2016. Meanwhile, Nonparty C did not request for the payment of the loan to Nonparty C to the Housing Corporation as the guarantee of the Housing Corporation.

'The reason for the exemption' was that the exemption was asserted.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts, the plaintiff is a creditor of the non-party C, and the act of the non-party C to donate real estate stated in the attached list to the defendant brings about a decrease in the whole property of the non-party C, which is the creditor.

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