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(영문) 수원지방법원 2016.01.21 2014가단44990
사해행위취소 등
Text

1. A donation contract concluded on April 11, 2014 between the Defendant and C with respect to one-half share of the apartment units listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s establishment of the Plaintiff’s loan claim against C was a relative and the Defendant’s husband C, who was the Defendant’s husband, lent KRW 110,00,000 in total from December 6, 2013 to March 12, 2014. In order to receive the said loan claim, the Plaintiff filed an application for payment order (Tgu District Court 2014 tea3756).

The above payment order was served to C on May 20, 2014, and became final and conclusive on June 4, 2014.

B. C’s disposal of property held the instant apartment as 1/2 shares with the Defendant, but on April 11, 2014, the Defendant, his wife, donated 1/2 shares to the Defendant (hereinafter “instant donation”) and completed the registration of ownership transfer as prescribed by the Head of Suwon District Court No. 10542 with respect to the said shares on the same day.

According to the market price appraisal result of appraiser D, 331,00,000 won at the time of the instant donation, the market price of the instant real estate was 331,00,000 won as of August 25, 2014, and thus, it is reasonable to view that the market price at the time of the instant donation was 331,00,000 won at the time of the instant donation as reasonable.

(c).

On January 2, 2001, the Defendant and C got married on January 2, 2001 and confirmed their intention of divorce on August 20, 201, and reported divorce on August 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5 evidence, Eul 1, 16 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main claim

A. 1) As seen earlier, the Plaintiff loaned KRW 110,00,000 to C on December 6, 2013 through March 12, 2014, as seen earlier, as the existence of the right to revoke a fraudulent act: (i) the Plaintiff’s claim against C is a creditor subject to the revocation of a loan; (ii) the Plaintiff’s claim against C is a creditor subject to the revocation of a fraudulent act; and (iii) the Plaintiff’s claim (a) the instant donation made while the Plaintiff’s claim exceeds his/her obligation is a fraudulent act.

In that the divorce between the defendant and C is the most married, the gift of this case was made before the date of report of divorce, and the gift of this case was made by divorce.

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