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(영문) 의정부지방법원고양지원 2019.02.21 2018가단84504
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Under a credit guarantee agreement with the Defendant’s parents B and C, the Plaintiff’s basic facts: (a) KRW 273,559,857 on June 13, 2014; (b) KRW 59,254,710 on the same day to the Enterprise Bank; and (c) KRW 59,254,710 on

6. 24. 24. The E Bank subrogated for KRW 173,730,638 in total, and KRW 506,545,205 in total.

On November 3, 2017, the Defendant sold real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) in the amount of KRW 169 million and completed the registration of ownership transfer on December 6, 2017 with the receipt of the Goyang Branch Branch of the Jung-gu District Court No. 85600 on December 6, 2017.

2. The parties' assertion

A. A. Around December 6, 2016, B and C, which is in excess of the Plaintiff’s assertion, donated 60 million won for purchase of the instant apartment to the Defendant and the Defendant purchased the instant apartment. Since the Defendant was a malicious beneficiary, the Plaintiff’s right of revocation is revoked by exercising the right of revocation.

B. The defendant's assertion that the defendant borrowed KRW 130 million for the purchase of the instant case, and paid KRW 39 million to the defendant's wrong payment, and the defendant did not have received a donation of KRW 60 million from B and C.

3. Determination

A. According to the entry of evidence No. 4 and the purport of the whole pleadings, C participated in the preparation of the sales contract, and the fact that B and C reside in the apartment of this case may be acknowledged, but such fact alone is insufficient to recognize the donation contract.

B. Rather, according to the overall purport of pleadings and arguments, the statement in Eul 1, 2, 3, 5, 6, and 7 (including the paper numbers) is as follows: (i) the F has remitted five million won per contract date to G on November 8, 2017; (ii) the F has remitted KRW 10 million per month on the 9th day of the same month; and (iii) the money was remitted to H on the same day to the defendant's senior mother on December 5, 201; (iv) the money was remitted to the seller at the head of H on the same day; and (v) the money was remitted to the seller at the head of Tong on the same day; (v) the money was remitted to the seller KRW 20 million on December 5, 2017; and (v) the money was loaned to the seller on April 28, 2018; and (v) the money was remitted to the defendant as the purchase price:

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