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(영문) 대전지방법원논산지원 2017.11.23 2017가단332
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and D were married on March 30, 199, but the consultation was married on June 21, 2012, and they had E, F, and G as their children.

The Plaintiff is entitled to receive the child support (hereinafter “instant child support”) from June 22, 2012 to June 100, per child (100,000 won per child from June 22, 2012 to the day before the said child reaches each age, according to the authentic copy of the child support statement in the case of an application for confirmation of divorce between Daejeon Family Court 2012No. 924 and the application for confirmation of intention of divorce.

B. D had one unit of C large 301 square meters (hereinafter “instant land”) and one unit of New JandoD car in Seosan-si, Seosan-si (hereinafter “instant land”) around March 18, 2014, and as a small property, there was a liability for the payment of the said child support (one million won in arrears) and a fine for negligence.

C. D, on March 18, 2014, borrowed KRW 50 million from the Defendant at a annual interest rate of 6%, and on March 18, 2019, the due date of reimbursement of KRW 50 million, and concluded a mortgage agreement with the Defendant on the instant land (hereinafter “mortgage agreement”) with the Defendant, and completed the registration of establishment of a mortgage over the said land with the maximum debt amount of KRW 56 million to the Defendant.

D around March 20, 2014, 1250,000 won was loaned from Hyundai Macks social, and it purchased H New Franchise Tourist Bus with funds added the above borrowed amount to KRW 50,000,000,000, and thereafter, it is engaged in tourist bus transportation business after entering the above tourist bus into a new village tourism company.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 6, 7 evidence, Eul 1 through 4, and the purport of the whole pleadings

2. The act of offering the land of this case as security to the defendant, who is the one of the creditors, is the active property that D in excess of the plaintiff's assertion's obligation constitutes a fraudulent act.

3. In full view of the facts as to whether a fraudulent act constitutes a fraudulent act and the evidence before the conclusion of the mortgage contract in this case, D’s small property at the time of entering into the mortgage contract in this case is a child support of one million won in arrears and its related thereto.

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