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(영문) 대구지방법원 2020.12.16 2020가단13097
사해행위취소
Text

A. The gift agreement concluded on February 17, 2020 between the Defendants and E is revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with G Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), and loaned each agreed amount on the starting date of each loan as indicated in the table.

E, the representative director of the non-party company, has jointly and severally guaranteed the loan obligations of the non-party company within the following limit of collateral guarantee.

E

B. The non-party company did not repay each of the above loans on the maturity date.

The remainder of the principal and interest thereon as of May 31, 2020 as of May 31, 2020 and the amount of the joint and several liability as stated in the above Table

C. On February 17, 2020, E donated the real estate listed in the separate sheet, which is one’s own property, to the Defendants on the condition of excess of the obligation, one-half shares, respectively, and completed the registration of ownership transfer to the Defendants on the 25th of the same month.

On August 26, 2020, the Plaintiff transferred each of the above loans to Nonparty H Co., Ltd., and on September 24, 2020, the said company transferred each of the above loans to the Intervenor succeeding to the Plaintiff.

[Evidence] Evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of recognition, the gift agreement between E and the Defendants on real estate stated in the separate sheet constitutes a fraudulent act against the Plaintiff’s succeeding intervenor, who is the creditor, and thus, the claim of the Plaintiff’s succeeding intervenor seeking the cancellation of the transfer registration of ownership due to such cancellation and restitution of the original state is

3. Conclusion cite the Plaintiff’s successor’s claim

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