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(영문) 춘천지방법원원주지원 2020.03.04 2018가단307746
사해행위취소
Text

1. Of the instant lawsuit, the part demanding the revocation of the gift contract concluded on December 8, 2017 between C and the Defendant among the instant lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The F transferred the principal and interest claim pursuant to the loan transaction agreement concluded between D and D around November 8, 201, to G on or around December 19, 2014, and G transferred to the Plaintiff around December 20, 2014. (2) Upon delegation from F and G Co., Ltd., the Plaintiff notified D of the above assignment of claims on or around January 20, 2015, and filed an application with D for payment order with D as Seoul Central District Court 2016 tea2,4853 won and its 1,470,626 won from the date following the service of the original copy to the date of payment, and the aforementioned court issued the payment order with D as 14,462,853 won and damages for delay calculated by 15% per annum and 26% per annum from the date of service of the original copy to the date of payment.

8. 5. Finality has been established.

B. On October 18, 2016, D’s death and division consultation 1) D’s father died on or around October 18, 2016. At the time, H owned the land of this case in the name of C, J, D, and Defendant, the wife, at the time of death, and H owned the land of this case 2027 square meters (hereinafter “instant land”). On November 10, 2016, H, including D, held an agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”). On November 23, 2016, C’s registration of transfer of ownership was completed in the name of C due to inheritance agreement on October 18, 2016.

C. At the time of the consultation on the division of inherited property of this case, D is active property at the time of the consultation on the division of inherited property of this case, and owned 145 square meters in K at the time of original city at the time of the consultation on the division of inherited property of this case. However, around May 16, 2016, D’s market price of the above land is KRW 13,050,000, around May 16, 2016. 2) D’s small property at the time of the consultation on the division of inherited property of this case, as a small property at the time of the consultation on

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