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(영문) 서울남부지방법원 2017.06.29 2016가단214159
사해행위취소
Text

1. A donation contract concluded on July 22, 2015 between the Defendant and Nonparty D regarding the real estate stated in the separate sheet.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5:

On July 19, 2011, D, the husband of the Defendant, prepared and executed a notarial deed with the content that D, as a notary public, had borrowed KRW 50 million from B from the Plaintiff on July 12, 2011 by setting the due date of payment at 11% and 1.5% per annum, from July 16, 2015, by a notary public on July 24, 2015, as the document of this day’s General Law Office No. 20153, a notary public borrowed KRW 30 million from A from the Plaintiff on July 24, 2014, by setting the interest rate and 25% per annum until August 31, 2015.

B. D concluded a donation agreement with the Defendant on July 22, 2015, and completed the registration of ownership transfer with respect to the instant apartment on June 21, 2000 as the receipt of this Court No. 44949 on the following day: (a) on the same day, D entered into the donation agreement with the Defendant, and completed the registration of ownership transfer with respect to the said apartment.

The term "the gift contract of this case" is called the "the gift contract of this case".

C. The apartment of this case was the only property D.

2. Judgment on the plaintiff's assertion

A. The so-called obligor’s bad faith, i.e., the obligor’s act of disposal of the obligor’s property that the obligor would not prejudice the obligee, namely, awareness that the obligor’s claim cannot be fully satisfied due to the decrease in the obligor’s assets or the lack of joint security that has already been secured by the obligor’s act of disposal of the property. In the event the obligor’s assets are insufficient to fully satisfy the obligor’s claim, barring special circumstances, if the obligor transferred real estate, which is almost the only property, without compensation, or provided it as payment in kind to some obligee,

(b) above;

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