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(영문) 울산지방법원 2020.10.30 2019가단13512
사해행위취소
Text

A donation contract concluded on March 11, 2019 between the defendant and D with respect to one half of the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On November 21, 2017, the Plaintiff extended the loan period from November 21, 2017 to November 21, 2022 to D, and KRW 78,200,000,000 to be repaid in installments of the principal and interest per month. 2) D extended the loan from March 6, 2019 to the Plaintiff in arrears and lost its interest within the period from April 5, 2019.

3) As of October 22, 2019, the Plaintiff’s claim for the principal and interest of the loan as of October 22, 2019 against D is KRW 64,523,649, in total, KRW 9,86,649, in ordinary interest and overdue interest. B. D and the Defendant’s real estate stated in the attached list (hereinafter “instant real estate”).

(1) A disposition, etc. 1) D and the Defendant are married couples who have completed a legal marriage report.

2) D and the Defendant completed the registration of ownership transfer on August 12, 2013 on the instant real estate on the grounds of sale and purchase (transaction price of KRW 234,804,00) on July 25, 201, and one half of each share. 3) D completed the registration of ownership transfer on August 12, 2013, as to the instant real estate at the time of the registration of ownership transfer, the registration of establishment of a mortgage over the said real estate was completed, which is the debtor D, the maximum debt amount of KRW 156,00,000,000 for the said real estate at the time of the registration of ownership transfer, and

Since January 23, 2015, D terminated the registration of creation of a neighboring mortgage (hereinafter “G-mortgage registration”) of the debtor D, the maximum debt amount of KRW 1550,1200,000,000,000,000 for the instant real estate, and the registration of creation of a neighboring mortgage (hereinafter “G-mortgage registration”) of F.

4) D) On October 11, 2018, its shares in the instant real estate (hereinafter “instant real estate shares”) among the instant real estate.

As to the registration of establishment of a mortgage (hereinafter “H-mortgage registration”), the debtor D, the maximum debt amount of KRW 45 million, and the registration of establishment of a mortgage (hereinafter “H-mortgage”).

(5) On March 11, 2019, the registration of ownership transfer was completed for the Defendant on the same day donation with respect to the instant real estate share (hereinafter “instant donation agreement”).

6 The defendant on May 10, 2019 to I for the real estate in this case on April 6, 2019.

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