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(영문) 인천지방법원 2020.04.23 2019가단230584
사해행위취소
Text

1. The contract of donation concluded on April 13, 2017 between the Defendant and C is revoked.

2...

Reasons

1. Facts of recognition;

A. On August 4, 1994, the Defendant married with C on August 4, 1994, and completed the reported divorce on August 1, 2019 during the instant lawsuit.

B. On January 22, 2014, the Plaintiff was awarded a subcontract for a reinforced floor construction among the new apartment construction works and entrusted C with the work of managing the execution of part of the construction work on February of the same year.

5. Until 20.20. By paying 19,960,000 won as a pre-payment for construction expenses, the price was settled after completion of the construction work.

On January 5, 2015, after the completion of construction, the Plaintiff sent a statement of accounts for the construction cost to C by content-certified mail, and the above content-certified mail was served to C around that time.

C. The plaintiff was above B.

On January 23, 2018, Suwon District Court Decision 2018Gada1501, which filed a lawsuit against C on the settlement of the construction cost stated in the claim. On August 9, 2018, the said court rendered a judgment that “C shall pay to the Plaintiff KRW 11,828,500 and damages for delay as from February 15, 2018,” and the said judgment became final and conclusive around that time as the appeal was dismissed on April 4, 2019 in Suwon District Court Decision 2018Na9378.

Defendant and C purchased from D on June 26, 2007 apartment E (hereinafter “instant apartment”) such as the attached list from D to KRW 145,50,000, and completed the registration of transfer on October 29, 2007, respectively.

(1) Of the real estate indicated in the separate sheet, C’s share (hereinafter “instant share”). On October 29, 2007, the registration of creation of a new mortgage against the debtor was completed on October 29, 2007, the maximum debt amount of KRW 118,800,000, and the debtor’s share (hereinafter “instant share”).

E. C on April 13, 2017, donated the instant shares, the sole property of the Defendant (hereinafter “instant gift agreement”), and completed the registration of transfer in the future of the Defendant following the following day.

【Fact-finding without dispute over the ground for recognition, entry of evidence No. 1-2, and evidence No. 2-2, and the purport of the whole pleadings

2. Determination as to the cause of the claim

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