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(영문) 대구지방법원 포항지원 2021.02.04 2020가단110074
사해행위취소
Text

1. The contract of donation concluded on December 10, 2019 between the defendant and E with respect to real estate stated in the separate sheet shall be revoked.

2.

Reasons

1. Facts of recognition;

A. F Co., Ltd. (1) on March 5, 2018, extended 16,354,700 won to E on a yearly basis, 3% per annum.

2) On June 10, 2020, F Co., Ltd. transferred its claim against E to the Plaintiff, and on June 12, 2020, F Co., Ltd transferred its claim to E with content certification.

At that time, E's above debt was in arrears, and there was 586,603 won, such as principal 14,583,617 won, and interest and legal expenses.

B. 1) E, on December 10, 2019, donated real estate recorded in the separate sheet to the Defendant, who is his spouse D’s child, and completed the registration of the transfer of ownership on the same day.

2) At the time of entering into a gift contract entered in the order, the gift is less than KRW 10,000,000,000.

the following shall be applicable:

A) Active property (total KRW 73 million) (1) Real estate listed in the separate sheet (market price of KRW 40 million) (2) small property (total amount of KRW 80,770,000), b) small property (total amount of KRW 80,770,000) (1) the Plaintiff asserted that the principal amount of credit card loans to the Plaintiff is KRW 1,578,000,000,000 as of December 10, 2019, when entering into a gift contract, the Plaintiff asserted that the principal amount of the debt as of December 10, 2019, is KRW 1,578,00,000,000,000,0000,000,000,000 won) as of June 12, 2020, it is recognized as this amount

(2) The Plaintiff asserted that the principal amount of the loan principal 13.78 million won against the Plaintiff was KRW 1,99,000,000 as the standard debt at the time of the conclusion of the donation contract, but there is no evidence to acknowledge it, and the principal amount of the loan information as changed on February 27, 2018 and August 19, 2020 is more than 1,378,000 (Evidence A No. 9) and this amount is recognized.

(3) The fact that there is no dispute over KRW 2,2560,000 (5) of the principal amount of the loan to the G union 2,4290,000 won (4) of the principal amount of the loan to the H 5.77 million won (5) of the principal amount of the loan to the I Bank / [based], Gap evidence No. 1-13, Eul evidence No. 12, and the purport of the whole

2. Determination

A. Order of credit card loans to E acquired by the Plaintiff of preserved bonds.

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