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(영문) 서울중앙지방법원 2017.05.18 2016가단5004023
사해행위취소
Text

1. The gift agreement between the defendant and C as of July 15, 201 on shares of 1/2 of the lands listed in the attached Table 1 list between the defendant and C.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence Nos. 1, 2, 17 (including paper numbers), Eul evidence Nos. 17 and 26 (including paper numbers), and the overall purport of the arguments.

On February 4, 2004, the Plaintiff lent money to C from around June 1, 2006, and around June 1, 2006, the Plaintiff and C determined the Plaintiff’s lending amount to KRW 205,000,000. On February 26, 2007, the Plaintiff extended KRW 8,000,000 to C additionally.

B. C (A) around August 31, 2009, donated each one-half of the land D and the land listed in the attached Table 1 attached hereto, one-half of which he/she owns, to the Defendant, who was his/her spouse, and completed the registration of ownership transfer on September 7, 2009.

C. C, on July 15, 2011, each 1/2 shares remaining as C in the land listed in the attached Table 1 attached hereto, shall be again donated to the Defendant. Upon completion of the registration of transfer of ownership on the ground of the said gift under the Daegu District Court Doldong Office No. 17987, Jul. 26, 201.

(hereinafter referred to as “instant donation”) D.

Con July 15, 2011, each of the 65/534 shares of the land in the Gyeongdong-gun E and F, shall be donated to the Defendant. On July 26, 2011, C completed the registration of transfer of shares in the Defendant on the ground of the above donation.

E. C. On October 14, 201, the title transfer registration is completed in the H on October 17, 201, on the ground of the above donation, C donated No. 220 of the 102-2th floor G building in Yongsan-gu, Busan Metropolitan City, one of which is one’s own.

F. On August 23, 2012, the Seoul Family Court Decision 2012Ddan45682, which the Defendant filed against C, stated that “The Defendant and C shall divorce, and C shall pay the Defendant the consolation money of KRW 50,00,000,00,00, and C shall divide property to the Defendant, and C shall transfer the ownership of KRW 10,000,000 prior to the division of property, Seoul Gangnam-gu I apartment 5, 107, and 95, prior to the division of property, and C shall pay one-half of the retirement allowances paid to the Defendant from the Korean Racing Association in the future.”

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