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(영문) 서울남부지방법원 2016.06.21 2014가단211613
사해행위취소
Text

1. The contract of donation concluded on October 16, 2012 between the Defendant and C is revoked.

2...

Reasons

1. Facts of recognition;

A. The plaintiff is an employee who worked for the non-party D Co., Ltd. (hereinafter referred to as the "non-party D") for whom C had worked as the representative director from 2006, the defendant is C's wife, and E is the mother of C.

In 2006, the plaintiff had a relationship with C before entering the non-party company.

B. On March 18, 2010, C, on March 18, 2010, with respect to the real estate stated in the Attachment List (hereinafter “instant real estate”), which was owned by the Bank of Korea on March 18, 2010, C, a loan was granted by setting up a right to collateral security, which constitutes a maximum debt amount of 683,640,000 for the debtor company and the non-party company.

C. The Plaintiff’s apartment security security 1) C and E on March 8, 2011 (hereinafter “the Plaintiff’s apartment security 1”) on October 17, 2003, the Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 297.5 square meters and its ground title 1 (hereinafter “publically announced source real estate”).

(C) Each of the 1/2 shares was acquired and owned by the Plaintiff. C is the Plaintiff’s apartment complex of Yeongdeungpo-gu Seoul Metropolitan Government 101 Dong 308, 51.24 square meters (hereinafter “Plaintiff’s apartment complex”) owned by the Plaintiff for one year for the purpose of the non-party company, as the Plaintiff and her mother jointly owns the source of public notice owned by themselves and her mother.

2) At that time, C asked the Plaintiff to provide a bank as security and obtain a loan and use the loan. At that time, C, in fact, did not inform the Plaintiff in detail of the situation where the non-party company continues to maintain the loan simply with a bank loan, and even if the loan was granted, it did not have any specific repayment plan.

On the other hand, the plaintiff was aware that the registration of the establishment of the neighboring apartment established in the plaintiff's apartment after one year as the non-party company continued to receive orders, and due to the sale, C was cancelled.

3) On March 8, 2011, the Plaintiff’s apartment (market price 212,50,500, 212,500, 211) that is the former property to the Bank of Korea on March 8, 201, without preparing and delivering the documents, such as the

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