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(영문) 서울중앙지방법원 2017.07.04 2016가단5031551
사해행위취소
Text

1. As to the real estate stated in the separate sheet between the defendant and B, a donation contract concluded on March 25, 2015 shall be 149,86.

Reasons

1. Basic facts

A. On April 16, 2013, the Plaintiff filed a lawsuit in the claim for reimbursement amount against B with the Incheon District Court 2012Ka10813, the said court rendered a judgment that “B shall jointly and severally with C, D, and the Plaintiff KRW 177,753,469, and KRW 167,483,241 as to KRW 167,48,241 as to KRW 15% per annum from March 31, 2012 to March 19, 2013, and KRW 20% per annum from the next day to the date of full payment,” and that “B shall pay the Plaintiff’s claim against B as of January 8, 2016, as of January 8, 2016.”

B. B’s apartment donation 1) E on August 19, 2003, which was insolvent, is a real estate listed in the separate sheet (hereinafter “instant apartment”).

) The sales contract of July 18, 2003 (hereinafter “instant sales contract”) is called “instant sales contract.”

B) On the ground of the foregoing, B filed for the registration of ownership transfer with B. 430,647,00 won in total, among the 198 square meters of H forests and fields, KRW 153,50,000 in the instant real estate, KRW 256,49,800 in the title of the instant gift contract, KRW 256,49,800 in the title of the title of the instant real estate, KRW 258,800 in the title of the title of the title of the title, and KRW 20,31,600 in the title of the title of the title of the title of the title of the title of the instant gift contract, and KRW 148.5,198 in the title of the title of the title of the H forests and fields, KRW 336,60 in the title of the title of the title of the title of the title of the Plaintiff, KRW 253,035,109 in the title of the title of the title of the corporation.

On March 25, 2015, the instant apartment was completed on the ground of the donation on the same day (hereinafter “instant donation contract”) to the Defendant, one of his children, for whom the instant apartment was registered.

C. On April 9, 2015, the establishment of a new collateral security right and the market price of the instant apartment was 153,50,000 won with respect to the instant apartment, and the establishment registration of a new collateral security right and the instant apartment was completed with respect to the establishment of a new collateral security right and the instant apartment. (2) The market price of the instant apartment was 153,50,000 won at the time of the closing of argument in the instant case.

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