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(영문) 수원지방법원 2019.04.03 2018가단503770
사해행위취소
Text

1. The gift contract concluded on January 28, 2016 between Defendant B and E with respect to the real estate listed in the separate sheet is 49,160.

Reasons

1. Facts of recognition;

A. After completing the report of marriage with Defendant B on April 6, 1993, E had her husband Friend F (1996) and G (2006).

B. On August 3, 2012, the Plaintiff extended a loan of KRW 40 million on a yearly interest rate of 13% per annum, as of November 3, 2016, and as of November 3, 2016 (hereinafter “claim of this case”), and E lost its interest due to its failure to pay its interest on September 27, 2016.

On November 3, 2016, the outstanding principal of the instant loan was KRW 36 million, and the overdue interest rate applied to the outstanding principal from the date following the maturity date of the loan was 15% per annum.

C. On April 22, 2017, the payment order was finalized to the effect that “E shall pay to the Plaintiff 38,423,004 won and 36,000,000 won with 15% interest per annum from March 16, 2017 to the date of full payment.”

The outstanding principal, interest, and delay damages of the instant loan claims are KRW 49,160,325 as of March 15, 2019.

E. Meanwhile, on January 29, 2016, in excess of debt, E completed the registration of transfer of ownership to Defendant B, based on the gift agreement dated January 28, 2016 (hereinafter “instant gift agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

F. As to the instant real estate, on January 19, 2016, prior to the conclusion of the instant donation contract, the registration of creation of a mortgage, which is the debtor, E-mortgager H agricultural cooperative, was completed on January 19, 2016, and was cancelled due to the cancellation on July 4, 2016. At the time of the conclusion of the instant donation contract, the secured amount of the said secured claim was KRW 100 million.

G. The registration of the establishment of the instant real estate by Defendant C and Defendant D as collateral security is completed as indicated below.

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