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(영문) 대전지방법원홍성지원 2016.11.30 2016가단7975
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On April 7, 2016, Plaintiff A filed a claim against Plaintiff A for the change of the Hongsung branch of the Daejeon Family Court 2015 Modan527, and the said court rendered a judgment to the effect that “E shall pay Plaintiff A KRW 400,000 per head as of the last day of each month for F, G’s child support, from April 2016 to F and G’s age, and the said judgment became final and conclusive.

Plaintiff

B filed a lawsuit against E seeking compensation for damages as the Hongsung Branch of Daejeon District Court 2015Kadan12932, and on March 29, 2016, the said court rendered a judgment that “E shall pay to Plaintiff B the amount of KRW 50 million and the amount calculated by the rate of 5% per annum from February 28, 2015 to January 25, 2016, and 15% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive as it is.

E On July 25, 2016, the Defendant, who is the Dongin-gun, entered into a donation contract (hereinafter “instant donation contract”) with respect to 11,008 square meters of forest land D (hereinafter “instant real estate”) in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and completed the ownership transfer registration under the Defendant’s name (hereinafter “instant ownership transfer registration”) on July 26, 2016.

[Ground of recognition] Facts without dispute, Gap 1 through 3 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The conclusion of the instant donation contract with the Defendant with respect to the instant real estate by E, a debtor who is the cause of the Plaintiff’s claim, should be revoked as a fraudulent act detrimental to the Plaintiffs, which is the creditor, and the Defendant is obligated to cancel the registration of transfer of ownership of this case by restitution to

3. Determination

A. The remainder of E’s active property except for the instant real property at the time of the instant donation contract is indicated in the following table:

Serial Nos. 44,02,00 square meters 1,914 square meters 1,914 square meters 32,474 square meters 32,428,000 in total, 148,275,000 square meters 1,873 square meters 71,825,000 square meters 1,914 square meters 1,914 square meters 1,914 square meters 1,914 square meters 2,222,00 in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seoul

B. At the time of the instant donation contract

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