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(영문) 대구지방법원 서부지원 2018.09.12 2018가단50182
청구이의
Text

1. The Defendant’s executive force against the Plaintiff in the Daegu District Court case No. 2015Kadan2230 Decided November 29, 2016.

Reasons

1. Basic facts

A. C entered into a gift agreement with D on May 19, 2014 with respect to the real estate in the separate sheet owned by oneself (hereinafter “instant real estate”), and completed the registration of transfer of ownership as the receipt No. 64738, May 10, 2014 with the Daegu District Court Branch of the District Court (hereinafter “instant gift agreement”).

B. As to the instant real estate, D entered into a mortgage agreement with the Plaintiff, who was a relative on September 4, 2015, with the maximum debt amount of KRW 124 million, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) as the Head of the Daegu District Court Branch No. 142436, Sept. 4, 2015, which was received on September 4, 2015.

C. On November 25, 2015, the Defendant filed a lawsuit against the Plaintiff and D for revocation of fraudulent act, etc. (hereinafter “instant gift contract”). On November 29, 2016, the said court rendered a judgment that recognized that the instant gift contract between C and D was a fraudulent act, jointly with D, the Plaintiff would jointly pay the Defendant the amount equivalent to 63,500,000 won for the revocation of the fraudulent act, and damages for delay thereof (hereinafter “instant judgment”). However, the Plaintiff appealed with the Daegu District Court 2017Na30426, Aug. 10, 2017; however, the Plaintiff appealed with the said court on August 10, 2017; the Plaintiff appealed with the final judgment of dismissal on the appeal by Supreme Court 2017Da262137, but the Plaintiff appealed with the final judgment on November 23, 2017 and rendered a final judgment on January 14, 2017.

On the other hand, on October 16, 2015, the Korea Credit Guarantee Fund, the other creditors of C, filed a lawsuit against the Plaintiff, D, and E seeking revocation of the fraudulent act under the Seogu District Court Branch of the Daegu District Court 2015Kadan38969. On December 15, 2016, the said court rendered a judgment ordering D to implement the procedure for registration of cancellation of the establishment registration of the neighboring mortgage of this case on the ground that the instant donation contract was fraudulent act. Accordingly, the Plaintiff, D, and E District Court 2017Na30587.

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