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(영문) 서울중앙지방법원 2017.05.30 2016가단5220276
사해행위취소 등
Text

1. Revocation of a gift agreement concluded on May 4, 2016 between the Defendant and C on KRW 37,000,000.

2. The defendant.

Reasons

1. Basic facts

A. around 2004, the Plaintiff lent KRW 500 million to D Co., Ltd., a representative director, and received a promissory note certificate jointly prepared by D and C as a collateral.

B. After that, C and D filed a lawsuit of demurrer against the Plaintiff on the Notarial Deed of the said Promissory Notes with this Court 2014Gahap577901, and the said court rendered a decision as a substitute for conciliation on March 24, 2015. The main contents of “C and D shall be jointly and severally paid to the Plaintiff KRW 10 million, and the amount of KRW 30 million out of which shall be paid to the Plaintiff shall be paid by April 30, 2015 until July 31, 2015. However, even if C and D delay the payment of each of the above amounts, C and D shall jointly and severally pay KRW 20 million to the Plaintiff in lieu of the payment of KRW 100 million.”

However, C and D did not pay all the amount of money for the above mediation decision to the Plaintiff.

On the other hand, the defendant is a wife of C.

C. Seongdong-gu Seoul, E apartment No. 2, 1506 (hereinafter “instant apartment”) had been registered in the name of F, the wife of C, but our bank, the mortgagee, filed an application for voluntary auction on June 29, 2015 for the instant apartment on the ground that the Defendant paid KRW 490 million on May 4, 2016, and was fallen.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-3, the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion that the defendant did not have the ability to cope with the purchase price due to the university student at the time of receiving the successful bid for the apartment of this case.

The F, who is the mother of the defendant, did not have financial ability.

Nevertheless, the Defendant’s bid of the apartment in this case is bound to be deemed to have donated cash to the Defendant, and the amount is from the Kim Jong-won Agricultural Cooperative at KRW 490,000,000 for the bid price of the apartment in this case.

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