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(영문) 청주지방법원제천지원 2016.03.30 2015가단379
사해행위취소로 인한 가액배상청구
Text

1. The scope of KRW 10,855,145 shall be limited to the gift agreement on November 6, 2014 between B and the Defendant on real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On December 31, 2011, the Plaintiff entered into a contract for automobile leasing (lease) with the content that the Plaintiff would lend KRW 29,900,000 as the purchase price for a motor vehicle under the condition that the principal and interest shall be repaid in 36 months.

(hereinafter “instant loan agreement”). (b)

B, on November 6, 2014, the Defendant agreed to donate real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (hereinafter “instant donation agreement”), and on December 10, 2014, the registration of ownership transfer under the instant donation agreement was completed with respect to the instant real estate.

C. At the time of the conclusion of the gift contract of this case, the establishment registration of a neighboring agricultural cooperative on April 2, 2010, which was the maximum debt amount of KRW 91,00,000, the debtor B, and the mortgagee B, was completed on the instant real estate. However, at the time, the actual secured debt amount was KRW 0.0 won.

At the time of the conclusion of the instant donation contract, B owned a single-gun C Forest C Forest land of 694 square meters (hereinafter “the instant forest”) and a 196 square meters of D Forest land of the same Gun (hereinafter “instant forest land”) and a E forest land of 291 square meters (hereinafter “instant 3 forest”)

As of January 2014, the officially announced value of forest land as of January 1, 2014 is 198,484 won (i.e., 694 square meters x 286 won per 1 square meter). The officially announced value of forest land as of January 2014 is 41,160 won (i.e., 196 square meters x 210 won per 1 square meter) and the officially announced value of forest land as of January 3, 2014 is 132,405 won (i.e., 291 square meters x 455 won per 1 square meter).

E. On January 2014 of the building listed in paragraphs 2 and 3 of the attached Table 2 (hereinafter “instant building”) among the instant real estate, the individual land price as of January 1, 2014 is KRW 66,200,00, and the individual land price as of January 1, 2014 as of January 1, 2014 is KRW 11,410,800 (=514 square meters x 22,200 won per 1 square meter), and the individual land price as of January 2015 is KRW 16,859,200 (=514 square meters x 32,800 won per 1 square meter).

F. B bears the 12,025,820 won as to the Republic of Korea (Ministry of Patriots and Veterans Affairs) in addition to the instant loan obligations against the Plaintiff.

Seoul Central District Court.

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