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(영문) 창원지방법원통영지원 2020.10.08 2019가단25041
사해행위취소
Text

The contract of donation concluded on March 2, 2018 between the defendant and C with respect to the vessel listed in the attached list shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s occurrence of the claim against C is a company that operates active fish, fish ladders, retail business, etc. C is a vessel listed in the attached list D and the attached list (E; hereinafter “instant vessel”).

(2) On February 13, 2018, the Plaintiff entered into a contract on the payment of the purchase price for the roof purchase deposit (hereinafter “instant deposit contract”) with the purport that: (a) the Plaintiff purchases the roof fishing by using his/her own D from C on February 6, 2018; and (b) the Plaintiff shall pay KRW 150 million to C with the deposit; and (c) on February 13, 2018, the Plaintiff paid KRW 150 million with the deposit (hereinafter “instant deposit”).

3) Upon receipt of a request from C for the payment of additional deposit due to the expansion of transaction, and on May 16, 2018, the Plaintiff paid KRW 30 million to C. The Plaintiff subsequently received a refund of KRW 10 million out of the additional deposit from C. 4) C was detained on June 25, 2018 due to criminal charges, such as habitual fraud, etc.

Meanwhile, from the date of the payment of the instant deposit to February 6, 2019, the Plaintiff purchased the roof from the Defendant who represented C and C, and paid the price in full. The said roof purchase contract was terminated at the expiration of one-year period.

B. C’s act of disposing of property and property status 1) C’s act of disposing of the instant vessel on March 2, 2018: (a) cancelled the registration of establishing a first priority collective security under the name of the FF association with respect to the instant vessel; and (b) donated the instant vessel to the Defendant (hereinafter “instant donation”).

(2) On the same day, on March 23, 2018, the Defendant registered the creation of a right to collateral security with the maximum debt amount of KRW 84 million in the name of the G Association with respect to the instant vessel.

3 C At the time of the instant donation, the instant vessel equivalent to KRW 64,162,380, and KRW 72,000,000,000,000, and KRW 1.41,000,000,000,000.

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