logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.28 2015가단216023
사해행위취소
Text

1. As to the real estate stated in the separate sheet, the gift contract concluded on November 5, 2014 between C and the Defendant shall be KRW 45,00,000.

Reasons

1. Basic facts

A. On January 24, 2014, the Plaintiff lent KRW 350,000,000 to C, interest rate of KRW 2.5% per annum (30%), and the due date of repayment was two to three months after the date of loan (hereinafter “instant loan”).

C On January 24, 2014, the Plaintiff completed the registration of the establishment of a mortgage consisting of the Plaintiff, the maximum debt amount of KRW 525,00,000,000, and the debtor C, etc., with respect to the housing of KRW 152 square meters and two-storys above ground in Nam-gu, Incheon (hereinafter “F site and housing”), and the housing of KRW 152 square meters and two-storys above ground under E-owned ownership (hereinafter “G land”).

Since then, upon C’s failure to repay the instant loan, on April 22, 2014, the Plaintiff prepared and received a notarial deed from C, etc., to the effect that a notary public does not raise any objection even if he/she is immediately subject to compulsory execution, in cases where C, etc. is unable to repay the loan by the due date after having the due date until April 23, 2014, the amount of the loan principal as from No. 422, 2014, which was 525,00,000,000.

B. C terminated around November 6, 2014 to the Defendant, who is the son of the registration of ownership transfer due to the donation dated November 5, 2014 (hereinafter “instant donation”) with respect to the real estate listed in the separate sheet owned by oneself (hereinafter “instant real estate”), and the market price at the time of the instant real estate is KRW 200 million.

On July 23, 2013, the Defendant acquired a contract on November 27, 2014 and completed the registration of change of the right to collateral security by changing the debtor of the above right to collateral security into the defendant on December 15, 2014, with regard to the secured obligation of the right to collateral security (the maximum amount of claim 133,200,000 won, the new bank and the debtor C) established on July 23, 2013.

On the other hand, on October 29, 2013, C borrowed money from H and set up a collateral (debtor C and a collateral-mortgager H) with respect to the instant real estate, which is the maximum debt amount of 52,00,000 won, in order to secure the debt of the loan.

In this case.

arrow