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(영문) 대구지방법원 경주지원 2018.11.13 2017가단1519
사해행위취소
Text

1. The contract of donation concluded on December 23, 2015 between the defendant and G concerning each land listed in the separate sheet shall be revoked.

Reasons

Basic Facts

The following facts are not disputed between the parties or may be acknowledged in full view of Gap evidence Nos. 1, 2, 3, 4, 5, 6, 7, 8, Eul evidence Nos. 1 and 2 (including paper numbers), and the fact inquiry results and the whole purport of oral arguments against the Busan Northern District Office. A.

G joined the Plaintiff’s credit card holder and obtained credit cards from the Plaintiff.

G agreed to pay damages for delay calculated at the rate of 29.9% per annum from the date of delay to the Plaintiff when delayed payment of credit card use fees, fees, etc.

B. From October 5, 2015, G delayed payment of KRW 12,043,910 for the credit card use price issued by the Plaintiff from around October 5, 2015. As of May 17, 2017, G’s credit card use price claim against G is KRW 12,043,910 for the principal amount, KRW 1,025,07 for the interest, KRW 15,137 for delay damages, KRW 3,453,020 for the total amount of KRW 16,537,144 for damages.

C. On June 11, 2008, the registration of ownership transfer was completed in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) on the land listed in the separate sheet No. 1 (hereinafter “instant land”) on June 11, 2008, and the registration of ownership transfer was completed in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate on June 11, 2008.

G on December 23, 2015, the mother of each of the instant land donated to the Defendant, who is the mother of the instant land (hereinafter “instant donation”), and completed the registration of ownership transfer on December 24, 2015, based on the said donation.

E. At the time of the instant donation, G is an active property: ① 493,580 won (hereinafter the same shall apply) equivalent to 2/13 of the inheritance shares of G, which correspond to 2/13 of the inheritance shares of G, among the 1/2 co-ownership shares of the 1455 square meters (G’s father’s father’s net I), 3,208,275 square meters x 76,700 won x 284 square meters.

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