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(영문) 부산지방법원 2018.11.27 2018가단314437
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, from around 2010 to June 15, 2015, had been living together in C and Home Plus Daejeon, etc., and at that time C worked as the Plaintiff’s workplace.

Luxembourg The defendant reported a marriage with C on August 28, 1997 and reported a divorce as of September 9, 2015.

B. C’s debt burden (i) On August 2012, upon receipt of a request for a request to lend money from an employee C, which was at the time of the Plaintiff, the Plaintiff borrowed KRW 30 million from the Hyundai Card, and KRW 16 million from the Samsung Card, respectively, on August 30, 2012, and lent KRW 50 million in total to C by borrowing KRW 4 million from the branch.

C. The Plaintiff additionally lent KRW 4 million from August 11, 2013 to August 22, 2014, respectively.

Secondly, even though the Plaintiff borrowed money to C due to the receipt of card loan, the Plaintiff came to be in the situation where C is obliged to take charge of interest on loans due to the failure of C to repay its obligations to the Plaintiff.

Accordingly, when the Plaintiff demanded C to repay the principal and interest of the loan, C prepared a notarial deed stating that “A shall pay the Plaintiff KRW 40 million up to June 30, 2015, and KRW 35 million up to July 31, 2015, respectively, shall be repaid in installments,” around June 8, 2015.

C. C’s dispositive act (i.e., the Defendant’s dispositive act) on October 8, 2004, which was married with C, and on October 8, 2004, the instant real estate.

She acquired the instant real estate. Doshe, however, on June 9, 2015, C, without exercising the right to the 1/2 share of the instant real estate, and without exercising the right to the 1/2 share of the instant real estate, entered into a property division agreement following a divorce agreement with all the Defendant. The Defendant sold the instant real estate at KRW 290 million on May 31, 2016.

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