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(영문) 대구지방법원 2016.06.16 2015나307805
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a corporation that was appointed as a trustee in bankruptcy on October 30, 2012 by the Pakistan Savings Bank as the Busan District Court 2012Hahap7, which was declared bankrupt on October 30, 2012.

(hereinafter referred to as the “Plaintiff” without distinction between the Plaintiff and the Pacific Savings Bank, unless there is a need to distinguish between the Plaintiff and the Plaintiff. The Defendant is a son of B, who was the former owner of each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”), and when referring to each real estate, referring to the real estate of this case according to the sequence listed in the separate sheet.

B. On October 19, 2001, the Plaintiff lent KRW 20,000,00 to C on October 19, 2001, and B jointly and severally guaranteed the above debt of C on the same day. (2) The Plaintiff filed a civil lawsuit against C and B, etc. seeking the payment of loans and joint and several sureties incurred up to the Busan District Court’s Dong Branch Branch by Busan District Court Decision 2006Da115125.

On December 13, 2006, the above court rendered a favorable judgment against the plaintiff that "C and B, etc. jointly and severally, shall pay to the plaintiff 12,912,931 won and interest thereon at the rate of 25% per annum from April 29, 2002 to the date of full payment."

The above judgment was finalized on January 10, 2007.

(hereinafter referred to as the “instant judgment,” and the claim based on the said judgment (hereinafter referred to as the “instant judgment claim”) C.

B on May 27, 2013, the gift B made a blanket donation of each of the instant real estate to the Defendant, his wife, and on the grounds of this, completed the registration of transfer of ownership as the receipt of No. 15797 on May 28, 2013, under the Daegu District Court Decision 15797 on each of the instant real estate.

B’s property status 1) B as at the time of the instant donation contract, as well as each of the instant real estate, B is a building Nos. 2 and 57.6 square meters of the underground floor of the Ulsan-gu H apartment building No. 57.6 square meters (hereinafter “instant commercial building”).

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