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(영문) 춘천지방법원 강릉지원 2018.02.21 2017가단34925
사해행위취소
Text

1. As to shares of 1/6 of the real estate listed in the annex list:

A. It was concluded on January 9, 2017 between the Defendant and B.

Reasons

1. Basic facts

A. C owned the real estate listed in the separate sheet (hereinafter “instant real estate”) and died after having his children registered B, D, E, F, G, and H (hereinafter “instant heir”).

B. On January 9, 2017, the instant inheritors agreed to vest the instant real estate in the Defendant, who is the head of C, according to the maintenance of C, and for this purpose, B, who is the father of C, made an agreement on the division of inherited property to solely inherit the instant real estate (hereinafter “instant agreement on the division of inherited property”), while B, on the same day, donated the instant real estate to the Defendant.

(hereinafter “instant donation contract”). C.

On February 3, 2017, the registration of transfer of ownership (receiving No. 987) due to the inheritance by agreement division (receiving No. 987) and the registration of transfer of ownership (receiving No. 988, hereinafter “the registration of transfer of ownership”) due to donation under the name of the defendant was completed in sequence on February 3, 2017.

[Reasons for Recognition: Facts without dispute, Gap5 evidence, Eul evidence Nos. 1 to 5 (Evidence with Serial Numbers) and the purport of the whole pleadings]

2. Determination

A. The parties’ assertion and the key issue of this case 1) The Foreign Exchange Bank (hereinafter “Foreign Exchange Bank”) claiming the Plaintiff

(B) The credit card user fee of KRW 11,245,235 and damages for delay are assessed against B. The credit card user fee of KRW 11,245,235 and this claim was assigned in sequence to the social loan company, Ethys loan company, and the Plaintiff. B is the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, who is one of his children, while over

As to January 9, 2017 (hereinafter “instant donation contract”)

(2) The registration of ownership transfer under the name of the Defendant (hereinafter “instant ownership transfer”) shall be made.

he completed the work.

Since the gift contract of this case is a fraudulent act, it shall be revoked and restored to its original state.

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