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(영문) 대구지방법원 김천지원 2018.11.01 2018가단1083
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On October 7, 2013, the Plaintiff Company C (hereinafter “C”)

(2) On September 28, 2017, the loan term of the above credit transaction agreement was extended to October 10, 2018 by October 10, 2018.

3) From December 26, 2017, C delayed repayment of interest on a loan, and lost the benefit of time pursuant to the said credit transaction agreement. B (B) on October 27, 2017, the Defendant, who is his spouse, entered into a donation contract (hereinafter “instant gift contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On November 1, 2017, the Daegu District Court (Seoul District Court No. 58851, Nov. 1, 2017) completed the ownership transfer registration under the Defendant’s name (hereinafter “instant ownership transfer registration”).

2) On April 18, 2018, the Defendant and B reported a divorce upon confirmation of their intention to divorce. (c) On April 18, 2018, the Defendant and B reported a divorce. D apartment No. 101, 908 (hereinafter “D apartment of this case”).

(2) The Plaintiff’s active and passive property at the time of the instant donation agreement 60,000,000 real property of 70,000,000 real property E, E No. 11,000,000,000 small and medium-sized property deposit obligation of 60,000,000,000 of the instant D Apartment’s lease deposit obligation of this case’s lease deposit, 5,229,950 of the instant D Apartment’s security loan obligation of this case’s lease obligation of 12,00,000,000,000 small and medium-sized joint and several surety obligation of 12,00,000,000,0000 real property of this case, is as follows: (i) there is no dispute over the instant lease obligation of this case’s lease deposit obligation of this case’s D Apartment; and (ii) there is no number Nos. 1 through 5, 14, and 15 (No. hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s donation of the instant real estate to the Defendant, even though the Plaintiff B had any other property subject to division of property.

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