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(영문) 대전지방법원홍성지원 2015.11.24 2015가단1727
사해행위취소
Text

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

A. A donation contract concluded on January 15, 2013 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint and several sureties Claim 1) The Plaintiff on August 27, 2012, is C Co., Ltd. (hereinafter “C”).

B) As of January 27, 2015, the Plaintiff’s joint and several liability amounting to KRW 19,220,120 (= Principal amounting to KRW 16,656,750) was extended to 36 months, and the principal and interest was paid in equal repayment between 36 months, and B entered into a loan transaction agreement to be paid damages for delay applying the overdue interest rate at the time of delinquency in repayment of principal and interest, and C as the representative director of C. However, C’s joint and several liability amounting to delay repayment from the 18th installment.

B. On January 6, 1989, the Defendant and B reported marriage on January 6, 1989, and two children (D and E) under their chain, continued married life, and reported divorce on April 1, 2014.

C. On January 15, 2013, B entered into a contract with the Defendant to donate real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant (hereinafter “instant donation contract”) and completed the registration procedure for ownership transfer in the Defendant’s future by Hongsung Branch of the Daejeon District Court for the instant apartment on January 16, 2013.

B’s property status B did not have any other property than the apartment of this case at the time of the donation contract of this case, but on the other hand, multiple loan liabilities and joint and several liability obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s joint and several guarantee payment claim against B is arising prior to the conclusion of the gift contract of this case and becomes the obligee’s right of revocation of this case.

B. 1 Whether the instant donation contract constitutes division of property or not is established.

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