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(영문) 서울서부지방법원 2017.07.18 2015가단10632 (1)
사해행위취소
Text

1. The defendant shall pay to the plaintiff KRW 70,373,395 and its amount from the day following the day when the judgment of this case is finalized to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a creditor of a loan to D, and D and the Defendant were legally married couple, and on July 21, 201, the agreement on divorce was confirmed and completed the divorce report on the same day.

B. On February 22, 2005, D and the Defendant acquired 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. On May 19, 201, D donated 1/2 shares of the instant real estate owned by itself to the Defendant (hereinafter “instant gift agreement”) and completed the registration of ownership transfer with respect to the said shares on the 23th day of the same month.

The Defendant acquired 270,000,000 won as a collateral obligation of the existing collateral (debtor D, one bank, the maximum debt amount, 324,000,000 won) with respect to the said real estate, which was completed with respect to the said real estate, and repaid all of them on August 2, 2012.

D. B and C shall complete the registration of transfer of ownership of each share on the ground of sale as of July 3, 2013 with respect to 8/10 shares and 2/10 shares out of the instant real property, and for the same year.

8.7. We complete the registration of creation of a mortgage on the basis of the maximum debt amount No. 240,000,000 in the future of our bank, Inc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including a branch number), the purpose of the whole pleading

3. Grounds for further determination

A. On June 29, 2016, this Court sentenced the Plaintiff and the Defendant, B, and C to the effect that the instant gift contract constitutes a fraudulent act, on the grounds that it constitutes a division of property exceeding a reasonable scope, and thus constitutes a fraudulent act (hereinafter “Partial judgment”), that “The Plaintiff shall be revoked within the scope of KRW 70,373,395.” The Plaintiff, B, and C, as to the Plaintiff, KRW 56,298,716, and KRW 14,679, and each of the said money shall be paid at the rate of KRW 5% per annum from the day following the day when the instant judgment became final and conclusive to the day of full payment (hereinafter “Partial judgment”). The appeal against the said judgment and the final appeal were dismissed, and the said judgment became final and conclusive on May 16, 2017.

B. In this case, the Plaintiff is the beneficiary and the subsequent purchaser B and C.

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