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(영문) 대구지방법원포항지원 2014.08.21 2013가단10596
사해행위취소 등
Text

1. The gift contract concluded on July 4, 2013 between the Defendant and B on real estate indicated in the separate sheet between the Defendant and B is KRW 10,57,898.

Reasons

1. Facts of recognition;

A. A. On September 3, 2011, B entered into a credit card transaction agreement with the Plaintiff Company and received and used a credit card, and delayed payment of the credit card use price from July 2, 2013, and on October 6, 2013, the base amount of debt was KRW 10,557,898, including the claimed principal, interest, etc.

B. B’s disposal act on July 4, 2013: (a) donated the instant real estate to the Defendant (hereinafter “instant gift agreement”); and (b) the Defendant completed the registration of ownership transfer as the Daegu District Court’s receipt of distribution support under the said gift on the same day.

C. B and the Defendant filed a marriage report on November 5, 2004. On July 4, 2013, the Daegu District Court Branch Branch Office 2013No.695 filed an application for confirmation of the intention of divorce. On July 16, 2013, the agreement was confirmed by the above court, and the agreement was completed on the same day. (2) B and the Defendant had parental authority and custody rights over C(D), E (F) and G (H (H) children, while the agreement was married, and B had parental authority and custody rights over child support of KRW 600,000 per child on the 30th day of each month.

At the time of the donation contract by the Defendant’s disposal of the instant real estate, the registration of creation of a mortgage was completed, consisting of the maximum debt amount of 81,600,000 won, the debtor B, and the Hyundai Capital Co., Ltd., which was the mortgagee B and the mortgagee of the right to collateral security. However, the Defendant borrowed KRW 66,00,000 from the Kant Life Insurance Co., Ltd. after completing the registration of creation of a mortgage on July 12, 2013, and then revoked the registration of creation of a mortgage. On July 12, 2013, the Defendant borrowed KRW 66,00,000 from the Kant Life Insurance Co., Ltd., Ltd., which was the debtor and the mortgagee of the right to collateral security.

E. At the time of the instant donation contract, B was the only real estate equivalent to the market value of KRW 129,00,000,000.

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