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(영문) 서울중앙지방법원 2018.03.27 2017나46778
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The purport of the claim by this court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against B against the Incheon District Court 2012Kadan100813 filed a lawsuit against B seeking reimbursement.

On April 16, 2013, the above court rendered a judgment that “B shall pay to the Plaintiff 177,753,469 won jointly and severally with C, and 167,483,241 won among them, at the rate of 15% per annum from March 31, 2012 to March 19, 2013, and at the rate of 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. B’s donation of apartment of this case, etc. B’s donation 1) on July 18, 2003, E and real estate listed in the attached list (hereinafter “instant apartment”).

2) As to the sales contract (hereinafter “instant sales contract”)

(2) On March 25, 2015, B entered into a contract for the donation of the instant apartment (hereinafter “instant donation contract”) with the Defendant, who is one’s own child, and the Defendant completed the registration of ownership transfer under the name of the Defendant on the same day.

3) After that, on April 9, 2015, the Defendant rendered to the Nonghyup Bank Co., Ltd. the registration of the establishment of the instant apartment, KRW 42,00,000 with respect to the instant apartment, and KRW 162,50,000 with respect to the said apartment. C. The market price of the instant apartment is KRW 162,50,000 with respect to the instant apartment at the time of the closing of argument in the instant case.

2) B B entered into a lease agreement with V on January 23, 2013 on the instant apartment complex with a preferential right to payment under the Housing Lease Protection Act, and between February 22, 2013 and February 21, 2015, with respect to the instant apartment complex, the lease agreement was concluded between KRW 70,000,000 and the lease term from February 22, 2013 to February 21, 2015.V paid the aforementioned deposit and received the instant apartment complex on February 22, 2013, and completed the move-in report on March 7, 2013, and obtained the fixed date on July 8, 2014. The said lease agreement was explicitly renewed and continues to exist until now.

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