logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.12.06 2018가단74713
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A donation contract concluded on August 17, 2015 between the Defendant and D.

Reasons

1. Basic facts

A. On January 15, 2015, the Plaintiff sold to E Co., Ltd. (hereinafter “Nonindicted Company”) the F 347m2 and five parcels (hereinafter “G Dong land”) other than 347m2,000,000,000,000 won for leisure water owned by the Plaintiff, and the down payment was paid KRW 200,000,000,000 on the contractual date, and the remainder amount was paid on May 15, 2015.

(hereinafter “instant sales contract”). B.

On the other hand, on January 14, 2015, D drafted a letter of guarantee of real estate contract with H, etc. that guarantees the performance of the above sales contract to the Plaintiff.

(hereinafter “instant performance guarantee contract”). C.

On January 16, 2015, the Plaintiff agreed to complete the registration of ownership transfer with respect to G-dong land, and the Plaintiff did not pay any balance by May 15, 2015.

However, on May 15, 2015, Nonparty Company failed to pay any balance to the Plaintiff, and thereafter, the said land was sold to a third party at the auction procedure.

The Plaintiff filed a lawsuit against D, etc. for the purchase price claim as the court 2017Gahap10917, and the above court rendered a judgment on February 1, 2018, stating that “The Defendant, etc. bears the duty to restore due to the rescission of the instant sales contract, and as such, the obligation to return the original source of Gdong land was impossible, the Defendant, etc. should pay to the Plaintiff KRW 456,70,000, which the Plaintiff sought within the scope of the market price equivalent to Gdong land and damages for delay.”

The above judgment became final and conclusive as dismissal of appeal.

E. On August 17, 2015, D donated real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, the spouse, and completed the registration of ownership transfer on the same day (hereinafter “instant gift agreement”).

At the time of the donation, D had no property other than the instant real estate and had been in excess of its obligation.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including paper numbers) respectively.

arrow