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(영문) 수원지방법원성남지원 2017.11.02 2016가단216853
사해행위취소
Text

1. As regards Defendant B’s KRW 79,00,000 and KRW 75,00,000 among the Plaintiff, Defendant B shall be from May 31, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C

A. Basic facts 1) The Plaintiff had a loan claim amounting to KRW 75 million, as indicated in the grounds for the claim in the separate sheet, against Defendant B. The Defendants became a legally married couple after completing a marriage report on May 21, 1996. Accordingly, on June 10, 2016, an agreement was reached after the confirmation of the intention of divorce and the report of divorce (hereinafter “instant agreement divorce”).

(2) At the time of April 6, 2016, Defendant B completed the registration of transfer of ownership based on the gift dated March 22, 2016 (hereinafter “instant gift”) with respect to each of the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”), which was the only property of Defendant B at the time, to Defendant C, as of April 6, 2016.

3 Defendant C with respect to the instant real property, April 6, 2016, and the same month.

8. ① The registration of creation of a mortgage No. 480,000 won, the debtor, the debtor, and the mortgagee Co., Ltd.; ② the registration of creation of a mortgage No. 12,00,000 won, the priority number No. 12,00,000 won, the debtor, the debtor, and the creditor Co., Ltd.; ③ the registration of creation of a mortgage No. 8,500,000 won, the priority number No. 1,500,000 won, the debtor B, and the mortgagee D; and ③ the registration of creation of a mortgage No. 9, the priority number No. 60,000,000 won, the maximum debt number No. 11, the priority number No. 2,40,000 won, the debtor Co., Ltd., one bank; and ③ the registration of creation of a mortgage No. 75,500,000 won, and the debtor No. 14, each of the debtors completed the registration of creation of a mortgage.

[Reasons for Recognition] There is no dispute;

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