logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.06.10 2019가단515984
사해행위취소
Text

The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

Litigation Costs are assessed against the Plaintiff.

Reasons

Basic Facts

E on July 28, 2003, with respect to a loan agreement between F Co., Ltd. (hereinafter “F”) and G, limited to KRW 1,100,000,000, and thereafter, F lost its benefit by failing to pay the principal and interest of the loan under the above loan agreement.

After the claim for loans against H limited liability companies and I limited liability companies, the I limited liability companies were assigned to Eul in succession to H limited liability companies and I limited liability companies. On October 26, 2010, the I limited liability companies filed a lawsuit for the claim for the transfer of funds with the Seoul Central District Court 2010Da301284, and sentenced the above court to "E shall pay the amount of KRW 100 million to I limited liability companies and the amount of money calculated by the rate of KRW 19% per annum from July 6, 2004 to October 15, 2010, and the amount of money calculated by the rate of 20% per annum from the next day to the date of complete payment." The above judgment became final and conclusive at that time.

I Limited Liability Company transferred the above loan claims to the Plaintiff on November 20, 2018, and notified E of the assignment of claims.

The remaining principal of the loan bonds as of February 25, 2019 is KRW 100,00,000 as of February 25, 2019 and interest amounting to KRW 286,597,259 remains in total 386,59,259.

The Defendants, as the grandchildren of E, entered into a sales contract with the J on October 23, 2015, under which they purchase KRW 40,000,00 of the purchase price (hereinafter “instant sales contract”) for the first floor K of Seocho-gu, Seowon-si (hereinafter “instant real estate”). On November 23, 2015, the Defendants completed the registration of ownership transfer for each of the instant real estate shares on November 23, 2015.

E was in excess of the obligation at the time of the instant sales contract.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 7, and the plaintiff's argument to the purport of the whole argument is that Eul used a bank account in the name of his father M, which made a donation of KRW 6,000,000 out of the real estate purchase price to the defendants who are grandchildren, and made the defendants enter into the sales contract of this case. The plaintiff's donation to E's defendants.

arrow