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(영문) 서울중앙지방법원 2020.08.27 2019가합536271
사해행위취소
Text

1. A gift contract of KRW 500,000,000 entered into on June 3, 2014 between the Defendant and B, and KRW 1,150,000,000 entered into on August 21, 2014.

Reasons

1. Basic facts

A. The Defendant and B completed the marriage report on June 21, 1976, and on April 27, 2011, the agreement divorce was reached.

B. On March 30, 2004, B completed the registration of a business operator with respect to real estate leasing business, and thereafter, B engaged in real estate leasing business in Sung-nam-si, Sung-nam-si, Datel D, E, F (hereinafter “each of the instant real estate”).

C. B entered into a sales contract with G on May 30, 2014 with the content that each of the instant real estate was sold at KRW 5.5 billion (the contract amounting to KRW 5 billion on the date of concluding the contract, and the remainder of KRW 5 billion on August 21, 2014) (hereinafter “instant sales contract”).

B completed the registration of ownership transfer based on the instant sales contract to G on August 21, 2014, and closed the real estate rental business on the same day.

Meanwhile, B received KRW 500 million as the down payment of the instant sales contract from G on May 30, 2014 and June 2, 2014. On June 3, 2014, B transferred the said KRW 500 million to the H bank account (Account Number I) account in the Defendant’s name.

(hereinafter “instant No. 1 Disposition”). E.

B The remainder of KRW 4.5 billion remaining 5 billion (i.e., KRW 985,496,98 in cash from G on August 21, 2014) by means of receiving KRW 985,496,988 in cash from G to its own J bank account (i.e., KRW 985,496,988, KRW 3,514,503,012) by means of a check (i.e., the remainder of KRW 985,496,988, KRW 3,503,012) appears to have succeeded to the obligation to return the lease deposit to K,

was paid by the Corporation.

B, on August 21, 2014, deposited KRW 1.1 billion in the account in the name of the Defendant in the check, including KRW 985,496,988, and deposited in the account in the name of the Defendant on the same day, and remitted KRW 50 million from the said account in the name of the Defendant to the account in the name of the Defendant.

(B) The act of depositing and remitting KRW 1.15 million in total (hereinafter referred to as “instant Disposition No. 2”). In addition, B’s balance paid by G on August 22, 2014, and the face value of KRW 100 million, out of KRW 3,514,503,012.

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