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(영문) 서울중앙지방법원 2018.06.15 2017가단88832
사해행위취소 청구의 소
Text

1. The gift contract concluded on September 11, 2015 between the Defendant and B is KRW 46,00,000.

Reasons

In light of Gap evidence Nos. 1 through 6, inquiry into the court administration's financial transaction information statement, the whole purport of the argument in the statement of the Korea Credit Information Institute, as shown in the reasons for the claim, facts as shown in the separate sheet, facts constituting 130,000,000 won of the maximum debt amount set forth in the separate sheet, and facts that the defendant cancelled the registration of creation of a mortgage over the above real estate after the donation contract mentioned in paragraph (1) of this Article. Thus, the contract of donation mentioned in paragraph (1) of this Article constitutes fraudulent act and at least 130,000,000 won deducted from the maximum debt amount set forth in paragraph (1) of this Article, which is the limit of the secured debt amount set forth in the above collateral security, shall be revoked within 46,00,000 won, and with regard to restitution, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 5% per annum as set forth in the Civil Act from the day following the judgment of this case to the day of complete payment.

If so, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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