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(영문) 춘천지방법원 강릉지원 2018.06.20 2017가단991
사해행위취소 등
Text

1. As to real estate listed in the separate sheet:

A. A donation contract concluded on December 2, 2015 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On April 8, 2014, the Plaintiff entered into a contract with B on the lease deposit amount of KRW 90,000,000 between B and B, who was represented by C, and the lease deposit was paid to B.

B, at the time of the above contract, the Plaintiff agreed to cancel the first priority collective security right of the Samjin-do Saemaul Depository, which was established on the instant rental apartment, but did not comply with the agreement.

B. As to the instant leased apartment, the registration of the establishment of a lease on a deposit basis as to the instant leased apartment (hereinafter referred to as “instant real estate”) was completed in the name of the Korea Saemaul Depository, Dogwon, which is a joint collateral, with the maximum debt amount of KRW 124,80,000, and the establishment of a lease on a deposit basis with the debtor B. On April 10, 2014, the Plaintiff completed the registration of the establishment of a lease on a deposit basis as to the instant leased apartment.

C. On October 5, 2016, the Plaintiff filed a lawsuit seeking the return of the lease deposit with the Gwangju District Court 2016Da35661 (Dadan3561) on the ground that the said lease term expires, and the said lawsuit became final and conclusive on February 18, 2017, stating that “B and C jointly and severally pay 85,000,000 won to the Plaintiff until June 30, 2017, and that “B and C shall pay 15% interest calculated at the rate of 15% per annum to the Plaintiff as of January 25, 2017,” with the effect that “the repayment of the due deposit shall be paid jointly and severally to the Plaintiff as of June 30, 2017.”

B On December 3, 2015, the Defendant, his wife, made the registration of ownership transfer for the reason of the gift from December 2, 2015 (hereinafter “instant gift agreement”) with respect to the instant real estate on December 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6, and 8 (including virtual numbers), the purport of the whole pleadings

2. The establishment of a fraudulent act;

A. According to the above facts of recognition, B concerning the leased apartment of this case to the Plaintiff.

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