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The contract of donation concluded on May 9, 2016 between Defendant A and C shall be revoked.
Reasons
The Korea Credit Guarantee Fund for the disposal of preserved claims and C's property claims shall have claims against C for the amount of 28,736,099 won and damages for delay from March 16, 1999.
(A) On June 30, 2015, the Credit Guarantee Fund transferred the above credit to the Plaintiff and notified C of the transfer of the credit at that time.
(No. 4-5). C donated each real estate listed in the separate sheet to Defendant A, who is a child on May 9, 2016, and completed the registration of ownership transfer on June 15, 2016.
On March 20, 2017, Defendant A donated 1/2 shares of each real estate listed in the separate sheet to Defendant B, who is the spouse, and completed the registration of partial transfer of ownership on March 28, 2017.
(A) No. 1-4 of the evidence No. 1), No. 1-2 of the attached list 1-2 of the fraudulent act, and No. 2 of the attached list 1-2 of the real estate were set up on May 9, 2016 in the name of D Association, No. 2 of the name of E Farming Association, and No. 3-mortgage in the name of F.
(A) On May 9, 2016, on the basis of the officially assessed individual land price at the time of donation (see, e.g., Supreme Court Decision 2002Da41589, Nov. 8, 2002) the value of the real estate indicated in attached Table 1 is KRW 26,921,200 ( KRW 8,560 x 3,145 square meters). The value of the real estate indicated in attached Table 2 is 2,06,840 ( KRW 6,340 x 326 square meters).
However, at the time of donation on May 9, 2016, only 773,917,863 won was 773,917,863 won.
(1) As of August 15, 2016, the Plaintiff’s act of donation to Defendant A on May 9, 2016 does not constitute a fraudulent act in relation to the general creditor (see, e.g., Supreme Court Decisions 200Da42618, Oct. 9, 2001; 2008Da25671, Dec. 23, 2010). As of June 15, 201, the Plaintiff’s registration of ownership transfer was completed, the Plaintiff’s act of donation was revoked prior to the registration of establishment of a mortgage No. 1 and 3 as of June 15, 2016.