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(영문) 서울서부지방법원 2016.06.28 2015가단10632
사해행위취소
Text

1. On May 19, 201, Defendant A and Nonparty D concluded on May 19, 201 regarding shares of 1/2 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On December 7, 2004, the Plaintiff loaned KRW 40,000,00 to D as of December 7, 201, the date when the loan was completed, and as of December 7, 201, the Plaintiff filed a lawsuit against D seeking a loan as Seoul Central District Court Decision 2012Da175007.

On November 23, 2012, the above court sentenced that "D shall pay to the Plaintiff 44,164,080 won and 40,000,000 won with interest rate of 18% per annum from June 28, 2012 to the date of full payment." The above judgment became final and conclusive around that time.

B. A divorce D between D and Defendant A and Defendant A had two children as a legally married couple who completed a marriage report on August 26, 2003, respectively. On July 21, 2011, the Daejeon District Court’s Family Support, where two children were jointly raised by parents, and the child support was confirmed by the intention of divorce, and filed a divorce report on the same day.

C. The acquisition and disposal of the apartment of this case 1) D, Defendant A, on February 22, 2005, shall be the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On May 19, 201, D acquired each of the 1/2 shares of the instant real estate owned by Defendant A (hereinafter “instant gift agreement”) and completed the registration of ownership transfer on the 23th day of the same month. Defendant A acquired 270,000,000 won of the secured debt of the right to collateral security, which was set up as KRW 324,000,000, with respect to the instant real estate, and repaid all of them on August 2, 2012.

3 Defendant B and C are co-owners of D, and Defendant B and C completed the registration of ownership transfer on July 19, 2013 with respect to the instant real property on the ground of sale on July 3, 2013, and Defendant C completed the registration of ownership transfer with respect to shares of 8/10, and 2/10, respectively.

8.7. The establishment registration of a mortgage on the basis of a maximum debt amount of 240,000,000 in the bank of Korea.

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