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1. The gift contract of KRW 170,00,000 entered into on September 14, 2012 between the Defendant and D shall not exceed the limit of KRW 45,225,544.
Reasons
1. The parties' assertion
A. The Plaintiff has monetary claims against the Plaintiff. D, on September 5, 2012, borrowed KRW 170 million from his father E, and donated the said money to the Defendant, the husband, who is the Defendant (the donated money is used for the repayment of loans to the Defendant F Co., Ltd. (hereinafter “F”), and on August 6, 2014, committed fraudulent act by repaying KRW 160 million to E, and thus, the said monetary claim is revoked within the scope of the said monetary claim, and the Defendant is obliged to pay the money as stated in the purport of the claim.
B. Defendant 1) A is not a donation to the Defendant, but a claim of KRW 170 million against the Defendant. 2) The amount loaned by the Defendant from F was borrowed and used by E, and E was delivered to D on September 7, 2012 to cancel the registration of creation of a neighboring mortgage of F, and thus, it is not a donation.
3 D is not a debt excess.
2. Determination
A. 1) The fact that a fraudulent act is established. (1) The plaintiff filed a lawsuit against E and his/her his/her father with the Seoul Western District Court 2004da62590, which was ordered to serve by public notice. On June 2, 2005, the above court rendered a judgment that "E and D shall jointly and severally pay to the plaintiff 40,700,000 won with 5% per annum from August 9, 1995 to May 6, 2005, and 20% per annum from the next day to the date of full payment."
(2) Based on the Seoul Western District Court Decision 2004Kadan62590, the Plaintiff filed an application for the commencement of compulsory auction with K of Suwon District Court as to one-half shares of G building H, I, and J among G building H, I, and the said Court on February 25, 2010.
(3) On May 27, 2010, D prepared and sent the following notes on the condition that the Plaintiff withdraw the said auction, and E and L jointly and severally guaranteed the said debt, and the Plaintiff withdraws the said request for auction on June 1, 2010.