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(영문) 청주지방법원 2020.01.30 2019가단20795
사해행위취소
Text

1. The gift contract concluded on July 23, 2018 between the Defendant and B on the real estate stated in the separate sheet is KRW 41,871,124.

Reasons

1. Facts of recognition;

A. C Co., Ltd. is a company with 90% of its equity interest, and B is liable for the secondary payment of the value-added tax, corporate tax, etc. of the above company, and until January 24, 2019, B was in arrears with KRW 441,67,380, including value-added tax, etc.

B. B, on July 23, 2018, donated the real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant donation”) to the Defendant, who is the ASEAN, and completed the registration of ownership transfer on July 25, 2018.

C. At the time of July 23, 2018, B’s active property is the instant real estate (as of October 31, 2019, the appraised value of KRW 70,000,00) and Cheongju-gu D apartment E (hereinafter “D apartment”); KRW 510,00,000 as the highest appraisal value between August 201 and March 2019; and the Defendant asserted that the said real estate market value was excessively low in the relevant auction procedure, etc.; however, there were no other data or reasonable grounds to oppose the said evaluation result; on the other hand, the property was the aggregate of KRW 28,128,876 (f) and KRW 28,128,876 (f) as of the instant real estate; KRW 36,201, KRW 3636,416,571 as to the debt-backed debt-backed debt-backed debt-backed debt-backed debt-backed debt-backed debt-backed debt-backed company; and KRW 20363614,275415.

The existing collateral security of the FF association on the instant real estate was terminated and cancelled on October 30, 2018.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 8 evidence, the market price of appraiser I as a result of appraisal, the purport of the whole pleadings

2. A claim that can be protected by the right of revocation on the market should, in principle, be created before the obligor performs a juristic act aimed at property rights with the knowledge that it would prejudice the obligee. However, the legal relationship that has already become the basis for the establishment of the claim at the time of the juristic act.

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