beta
Text
1. It was concluded on December 7, 2012 between D and the Defendants with respect to each of the real estate listed in the separate sheet as indicated in the separate sheet.
Reasons
1. Basic facts
A. On June 27, 2012, the Plaintiff lent KRW 35 million to D (hereinafter “instant loan”) and additionally lent KRW 10 million to D police officers on September 2014.
The Plaintiff filed an order against D to pay the total amount of KRW 45 million, which was the 2016 tea1770,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
B. D, on December 7, 2012, donated each 1/2 equity share among the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property on December 7, 2012, to Defendant C, who is satisfing with Defendant B (hereinafter “instant donation”), and completed the registration of ownership transfer on the same day.
C. At the time of the instant donation, the instant real estate was established with the maximum debt amount of KRW 39 million, and the Yangyang Agricultural Cooperative Co., Ltd., Ltd., which became D (hereinafter “Yyangyang Agricultural Cooperatives”), and the said establishment registration was cancelled due to termination on December 26, 2012.
The market price of the instant real estate at the time of the instant donation contract is KRW 135 million, and the market price of the instant real estate is KRW 130 million around June 2016 near the date of closing argument of the instant case.
In addition, at the time of the donation contract of this case, the secured claim amount of the right to collateral security is KRW 30,321,542.
[Ground of recognition] The absence of dispute, Gap evidence Nos. 1, 3, 7, and 8, the Ministry of Land, Infrastructure and Transport of this Court, and the fact inquiry results about the Korea Credit Information Institute, the result of this court's submission of financial transaction information to both agricultural cooperatives, the purport of the whole
2. The establishment of a fraudulent act;
A. According to the above facts, the Plaintiff’s instant loan claim against D was already established before the gift contract of this case was concluded, and thus, the obligee’s right of revocation becomes the preserved claim.
(b)the only fraudulent act and the intention to commit suicide is D;