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(영문) 수원지방법원안산지원 2013.08.29 2013가합1010
사해행위 및 소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2012, the following agreements were concluded between the Plaintiffs and the Defendant’s husbands (hereinafter “instant agreement”).

In addition, D shall pay to the plaintiffs 50 million won (Plaintiff A 350 million won, Plaintiff B 150 million won).

In order to pay the above amount, D succeeds to the shares of 1/2 of the real estate listed in the separate sheet No. 1 of the attached sheet No. 2 and 3 of the attached sheet No. 2 and the real estate listed in the attached sheet No. 3 of the attached sheet (hereinafter “instant real estate”), and at the same time D offered the instant real estate to the Bank as security and received the loan, and immediately pays to the Plaintiffs KRW 1

The balance shall be increased or decreased after selling F, G, and H real estate (hereinafter referred to as "I real estate") by the end of May 2013 at the time of the truth, as follows:

(Standards for current market price: 2686 square meters ¡¿ 120,000 = 320 million won. (20 million won)

On September 11, 1995, on the instant real estate owned by E, the ownership transfer registration was made in D on July 18, 2012 due to inheritance by agreement division.

C. D signed a donation agreement with the Defendant on July 18, 2012 with respect to the instant real estate, and completed the registration of ownership transfer in the future of the Defendant on the same day.

[Reasons for Recognition] Gap evidence 1, 3, Eul evidence 4, 6, Eul evidence 7-1, 2, and 3

2. Judgment on the plaintiffs' assertion

A. The Defendant’s donation of D, the debtor of the Plaintiffs’ assertion, to the Defendant, on July 18, 2012, of real estate listed in the separate sheet, to the Defendant, is a fraudulent act to evade obligations against the Plaintiffs.

On July 18, 2012, the gift contract concluded on July 18, 2012 with regard to the real estate stated in the separate sheet between the defendant and D is revoked, and the defendant is obligated to implement the procedure for registration of cancellation of ownership transfer in the name of the defendant

B. Determination 1 Each of Gap evidence Nos. 1, 3, Eul evidence Nos. 4, Eul evidence Nos. 7-1 through 7, Eul evidence Nos. 8, Eul evidence Nos. 9-1 through 15, Eul evidence Nos. 12-17, Eul evidence Nos. 18-1 and 2.

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