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(영문) 광주지방법원목포지원 2019.11.27 2018가단1757
사해행위취소
Text

1. A contract to cancel the agreement of gift concluded on November 9, 2016 with respect to each real estate listed in the separate sheet between B and M.

Reasons

1. Facts of recognition;

A. (1) On July 14, 2016, the Plaintiff entered into an automobile lease agreement with N Co., Ltd. (hereinafter “N Co., Ltd.”) with respect to the O motor vehicle numbering KRW 60 months, KRW 2,235,200 per lease rate (However, on 60 occasions the lease fee is KRW 2,378,436), the overdue interest rate of KRW 19% per annum (hereinafter “the lease agreement of this case”), and M Co., Ltd., the representative director of the non-party company of the non-party company, jointly and severally guaranteed the obligation borne by the non-party company pursuant to the above lease agreement.

(2) From February 20, 2017, Nonparty Company did not pay rent under the instant lease agreement from around February 20, and the Plaintiff terminated the instant lease agreement around April 28, 2017. The Plaintiff’s principal of the rent that was not paid by the Plaintiff around that time is equivalent to KRW 30,878,582.

B. M’s termination of the agreement on gift agreement was donated each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from his father, and completed the registration of transfer of ownership on June 24, 2008 (hereinafter “each of the instant transfer of ownership”); on November 9, 2016, M decided to cancel the said agreement with B (hereinafter “instant agreement rescission agreement”); and on the same day, revoked each of the above registration of transfer of ownership on the same day.

C. Insolvent M had no particular property other than each of the instant real estate at the time of the rescission contract of the instant agreement, on the other hand, in addition to the Plaintiff’s obligations against the Plaintiff, M was in excess of its obligations such as bearing a large number of obligations.

The death and inheritance of M and B succeeded to the property of M on April 16, 2017 by Defendant G and H.

After September 8, 2018, Defendant C (Inheritance 3/19 shares in inheritance), Defendant D, E, F, I, J, K, L (Share 2/19 shares in inheritance), Defendant G, and H (Share 1/19 shares in inheritance) inherited B’s property (including inheritance by representation), and Defendants took over the instant lawsuit.

[Reasons for Recognition] Unsurged Facts, Gap's 1 to 6, 10, 11.

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