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(영문) 서울중앙지방법원 2017.11.01 2015가단5344434
사해행위취소 등
Text

1.(a)

Of the attached donation contracts entered into between B and the defendant

(a) and (b)

(1) each contract of gift as described in subsection (1).

Reasons

1. Basic facts

A. 1) The Plaintiff, around September 27, 1991, between B and B, shall be deemed to be a company selling Daewoo Motor Vehicles (hereinafter “Nonindicted Company”).

(2) From September 2, 1991 to September 1, 1994, B entered into an installment sales guarantee insurance contract with the insurance policyholder B, the insured company, the insurance amount of 107,910,000 won, and the insurance period from September 2, 1991 to September 1, 1994. (2) The insured event occurred on May 1, 1993 due to B’s nonperformance of the above installment payment obligation, and the Plaintiff paid KRW 54,094,072 on February 25, 1994 upon Nonparty Company’s claim for the payment of insurance amount.

3) On October 12, 1999, the Plaintiff filed a claim for reimbursement against B (98da315854) with the Seoul District Court, and was sentenced to a favorable judgment on October 12, 1999. After which, for the extension of the extinctive prescription, the Plaintiff filed a claim for reimbursement against B under the Seoul Central District Court 2009Gadan220761, and subsequently filed a lawsuit against B on March 25, 2010, “B shall pay to the Plaintiff the amount calculated at the rate of 25% per annum from August 17, 2002 to the date of full payment” (the above judgment became final and conclusive as it is on May 12, 2010 (the Plaintiff’s claim under the above judgment).

B. B. The Defendant’s 1) B’s Ba, including the acquisition of the instant loan, acquired on March 18, 2002, Seocheon-gu Down-gu 301 (hereinafter “the instant loan”). The Defendant as B’s son, and B’s family members, including the Defendant, resided in the instant loan from August 12, 2002.

2) On April 1, 2011, the Defendant entered into a sales contract with C to purchase the instant loan amounting to KRW 120,000,000 (hereinafter “instant sales contract”).

(3) On April 15, 201, the Defendant completed the registration of ownership transfer in the future. Meanwhile, at the time of the instant sales contract, the loan of this case amounting to KRW 97,500,000, the debtor C and the mortgagee Co., Ltd.

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