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(영문) 수원지방법원성남지원 2017.08.29 2016가합203939
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the E-type, the mother of Plaintiff B, and Plaintiff C is the father of Plaintiff C.

Plaintiff

A lent KRW 50 million to E on April 24, 2015. On June 10, 2013, Plaintiff B guaranteed the E’s loan obligations under a loan agreement between E and the new bank. On June 24, 2016, upon the due date for the repayment of the above loan obligations, A repaid KRW 10,227,211 of the principal and interest of the above loan obligations. On June 26, 2014, Plaintiff C lent KRW 20 million to E on June 26, 2014, and Plaintiff C lent KRW 50,000 to E on March 7, 2016.

B. On May 21, 1996, E and the Defendant were the legally married couple. On March 22, 2016, E donated each real estate indicated in the separate sheet (hereinafter “instant disposal”) to the Defendant as indicated in the attached sheet (hereinafter “instant disposal”), and on April 6, 2016, the registration of ownership transfer was completed with respect to the instant real estate to the Defendant on the ground of the aforementioned donation.

C. The Defendant on April 6, 2016 and the same month.

8. As to the instant real estate, ① the registration of creation of a mortgage on the six near a maximum debt amount of 480 million won, ② the registration of creation of a mortgage on the 6th anniversary of the debtor, E-mortgage Co., Ltd., the debtor, and E-mortgage Co., Ltd., ② the registration of creation of a mortgage on the 8th maximum debt amount, ③ the registration of creation of a mortgage on the 150 million maximum debt amount, ③ the debtor, E-mortgage, and K-mortgage Co., Ltd., the registration of creation of a mortgage on the 9th collateral of the debtor, E-mortgage, and the 29th day of the same month, respectively, on April 6, 2016 and the 29th day of the same month, ① the registration of creation of a mortgage on the 60 million maximum debt amount, ② the registration of creation of a mortgage on the 240 million maximum debt amount, ③ the registration of creation of a mortgage on the 750 million won maximum debt amount, ③ the debtor, Defendant F-party 14 years old.

Defendant D completed the report of divorce between E and E on June 10, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 11, and Eul evidence No. 5.

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