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(영문) 광주지방법원순천지원 2016.10.26 2015가단16297
사해행위취소 등
Text

1. The gift contract concluded on November 19, 2014 between the Defendant and B with respect to the real estate listed in the separate sheet No. 1 shall be KRW 56,975,341.

Reasons

1. 사안의 개요 사실관계 : 다음과 같은 사실은 당사자 사이에 다툼이 없거나 갑 1∽4호증, 을 3호증(가지번호 포함)의 각 기재, 변론 전체의 취지를 종합하여 이를 인정할 수 있다.

① The Plaintiff, among the real estate listed in the attached Table 1 list (hereinafter “instant real estate”), which was finalized by the payment order issued by the Gwangju District Court No. 2014 tea 9245, the Plaintiff against the Defendant, the two-story officetels 709.96 square meters of 709.96 square meters of 4 stories 782.96 square meters of multi-family house 5 square meters of 409.96 square meters of 782.93 square meters of multi-family house 5 square meters of 782.96 square meters of 405, the Plaintiff has a claim for the return of a lease deposit and a damages for delay thereof as of October 22, 2015.

② On November 19, 2014, B completed the registration of ownership transfer to the Defendant on November 24, 2014 due to the gift contract of November 19, 2014, and the registration of change of indication was completed after extension.

③ The Defendant is a foundation established around November 19, 201 as the fundamental property of the instant real estate, and B is a joint promoter.

The gist of the claim: The plaintiff, in collusion with the defendant, led to the lack of joint security by donating the real estate of this case to the defendant, so the contract of this case constitutes a fraudulent act, and thus, the defendant asserts that the contract of this case constitutes a fraudulent act, and sought the revocation thereof and compensation for value. The defendant asserts that the real estate of this case is not the sole property of the real estate of this case, but is equivalent to the real estate of 1,805,365,60 won as stated in the attached Table 2 list, and its related debt does not constitute a fraudulent act

2. Determination as to the issue of the sale: According to each entry in the evidence Nos. 5 and 6 (including the serial number), the registration of ownership transfer was completed in the name of the real estate listed in the separate sheet Nos. 2 in addition to the instant real estate, and the market price as of July 15, 2015 reaches KRW 1,805,365,60.

(1) However, on June 19, 2015, the decision to commence auction was issued on the real estate listed in the annex 2 list.

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