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(영문) 광주지방법원 2021.01.28 2020가단511018
사해행위취소
Text

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

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 19, 2018, the deceased D (hereinafter “the Deceased”) set the Plaintiff a fair certificate of monetary consumption and loan contract No. 69 of 2018 on the ground that “The Plaintiff, on January 19, 2018, lent 168,000 won to the Deceased at 12% per annum, and 15% per annum, but the deceased, on the ground that “the deceased, shall pay the Plaintiff KRW 50,000,000 by installments until February 28, 2018, and 118,000,000 won by June 30, 2018, a notary public, who prepared and provided a fair certificate of monetary consumption and loan contract, and the deceased died on June 10, 2019.”

B. Defendant C and F completed the registration of ownership transfer on the ground of sale on March 13, 2017 with respect to shares 6/10, and F’s share 4/10 as to shares 4/10 of the instant real estate owned by F on April 11, 2017, among the first floor Jho-gu, Nam-gu, Gwangju, and the first floor Jho-gu, and the first floor J (hereinafter “instant real estate”). Defendant C and F completed the registration of ownership transfer on the ground of sale on the same day with respect to shares 4/10 of the instant real estate owned by H on the same day.

In addition, on April 5, 2017, Defendant C and F completed the registration of transfer of ownership on March 13, 2017, with respect to the shares of 6/10 shares for Defendant C and 4/10 shares for 6/10 shares for the first floor H and 8 parcels of the building in Nam-gu, Nam-gu, Gwangju, and G, and F completed the registration of transfer of ownership on April 11, 2017, with respect to shares of 6/10 shares for 6/10 shares of the above real estate owned by Defendant C as divided on the same day.

(c)

Defendant B, the deceased’s spouse, purchased the instant real estate from Defendant C on March 6, 2018 in KRW 900,000,000, and paid KRW 200,000,000 out of the purchase price to Defendant C; and KRW 700,000,000, out of the remainder of the purchase price, took over the maximum claim amount of KRW 753,60,000 against Defendant C’s L Cooperative, and completed the registration of transfer of ownership in its name on March 8, 2018.

On May 14, 2018, Defendant B reported divorce with the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including each number), and all pleadings.

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