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(영문) 수원지방법원 2018.11.30 2017가단20537
소유권이전등기말소(사해행위취소)
Text

1. The gift contract concluded on January 28, 2016 between the Defendant and C is KRW 69,939,410.

Reasons

1. Basic facts

A. C maintained a marital life after reporting the marriage with the Defendant on April 6, 1993, and was married on December 22, 2016.

B. On May 22, 2015, the Plaintiff loaned KRW 69,90,00 to C at an interest rate of 12.8% per annum, overdue interest rate of 24.8% per annum, period of loan from May 22, 2015 to May 22, 2020, and the repayment method of 60,90,000 as the equal installment repayment of principal and interest during the 60-month period.

(hereinafter “instant loan”). C.

However, from July 25, 2016 to August 25, 2016, C defaulted on the repayment of the principal and interest of the instant loan, and lost the benefit of August 25, 2016. The Plaintiff filed an application for payment order against C with the Suwon District Court for the payment of the instant loan amounting to KRW 24.8% per annum for KRW 63,504,351 and KRW 58,398,689 from the above court on January 17, 2017, “C shall pay to the Plaintiff the amount calculated at the rate of 24.8% per annum from December 10, 2016 to the date of full payment,” and the said payment order was finalized as is on February 7, 2017.

The sum of principal and interest as of May 31, 2017 of the instant loan is KRW 69,939,410.

E. Meanwhile, on January 29, 2016, C completed the registration of ownership transfer on January 28, 2016, on the real estate stated in the separate sheet (hereinafter “instant real estate”) that is the only property for the Defendant on the sole account of excess of debt (hereinafter “instant gift agreement”) on January 28, 2016.

F. On January 19, 2016, prior to the conclusion of the instant donation contract, the registration of creation of a mortgage, which is the debtor C and the mortgagee, was terminated on January 19, 2016. The registration of creation of a mortgage was cancelled on the grounds of termination on the same date on July 4, 2016. The secured claim amount of the said mortgage at the time the said donation contract was concluded is KRW 100 million.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, and each order for submission of each financial transaction information to the branches of the D Cooperatives of this Court, the whole purport of the arguments.

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