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(영문) 인천지방법원 2016.06.21 2015가단49407
사해행위취소 등
Text

1. The gift contract concluded on October 2, 2012 between the Defendant and B regarding the real estate indicated in the separate sheet is KRW 11,630,480.

Reasons

1. Facts of recognition;

A. The Plaintiff, who operates the “C”, suffered from a product, such as the “strawing machine,” etc., but, on December 31, 2012, the unpaid seal amounted to KRW 11,630,480.

B. On July 8, 2014, the Plaintiff filed a lawsuit against B for the claim for the price of painting with the Incheon District Court Decision 2014Gaso5937, and received a decision of performance recommendation that “B shall pay to the Plaintiff 11,630,480 won and the amount calculated by the rate of 6% per annum from January 1, 2013 to the delivery date of a duplicate of the complaint of this case, and 20% per annum from the next day to the day of complete payment.” The said decision was finalized on July 26, 2014.

C. On October 4, 2012, the Defendant completed the registration of ownership transfer on October 2, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the children of B (hereinafter “instant gift agreement”) due to the donation agreement on October 2, 2012.

On the other hand, on June 20, 2014, the Defendant completed the registration of creation of a collateral for the instant real estate as the maximum debt amount of KRW 12,100,000, and the debtor, the defendant, and the right to collateral security, our bank.

E. The real estate of this case is the only real estate B, and its officially announced value was 19,00,000 won at the time of the donation contract of this case.

On the other hand, B had a total of KRW 15,407,00,00 in JBW Capital, Samsung Card, etc. at the time of the instant donation contract.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2, Gap evidence 2-4, 6, and 7; each fact-finding result against the Minister of Land, Infrastructure and Transport; and the purport of the whole pleadings

2. Determination

A. A claim protected by the obligee’s right of revocation 1 of the existence of the preserved claim requires, in principle, that a fraudulent act was committed prior to the occurrence of an act that can be viewed as a fraudulent act. However, at the time of a fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of the claim, and a claim based on such legal relationship

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