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(영문) 춘천지방법원강릉지원 2019.04.16 2016가단50227
사해행위취소
Text

1. A donation contract concluded on September 5, 2014 between B and the Defendant on each of the real estates listed in the separate sheet shall be 212,715.

Reasons

1. Facts of recognition;

A. On March 25, 2014, the Plaintiff leased KRW 200 million to C at an interest rate of 4.7% per annum and an overdue interest rate of 12% per annum, and B jointly and severally guaranteed the loan obligations within the limit of KRW 240 million.

B. B, on September 5, 2014, donated each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, the spouse, and completed the registration of ownership transfer with respect to each of the instant real estate on September 11, 2014.

C. At the time of the donation, B’s passive property exceeds KRW 3.3 billion, while active property included each of the instant real property equivalent to KRW 220,136,600 at the market price, it was merely KRW 900 million and was in excess of the debt.

On January 20, 2015, the Defendant rendered D the right to collateral security of KRW 91 million with respect to each of the instant real property.

E. The principal and interest of a loan that the Plaintiff did not recover from C is KRW 292,540,226 as of January 28, 2019 (principal KRW 200 million, interest KRW 3,739,95, overdue interest KRW 87,769,067, substitute payment KRW 1,031,164).

[Ground for Recognition: Evidence A (Partial number omitted, hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the donation of each of the real estate of this case to the defendant under excess of the debt owed by B who bears joint and several liability for the plaintiff constitutes a fraudulent act detrimental to the plaintiff, who is the creditor, and the defendant's bad faith

Therefore, the contract of donation with respect to each real estate of this case shall be revoked as a fraudulent act, and the defendant, the beneficiary, shall restore to its original state. As seen earlier, as long as the right to collateral was established in the future D following the donation contract, it is reasonable to view that the method of returning the original property is in a state of impossibility of legal performance (see Supreme Court Decision 97Da58316, May 15, 1998). Thus, the defendant shall restore to its original state each of the instant cases by the method

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