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(영문) 광주지방법원 목포지원 2018.05.09 2017가단5318
사해행위취소
Text

1. The gift contract entered into on July 31, 2017 between the Defendant and Nonparty C with respect to the area of 261 square meters in Jeon-nam-gun D, Chungcheongnam-gun.

Reasons

1. On July 12, 2017, the Plaintiff filed a claim for damages against Nonparty C by filing a lawsuit against Nonparty C, and was sentenced to the judgment of the Suwon District Court, stating that “Foreign C shall pay to the Plaintiff KRW 4,939,900 and delay damages therefrom.”

On July 31, 2017, Nonparty C, with the intention of undermining the Plaintiff, a creditor, donated the real estate, etc. indicated in the Disposition No. 1, which was owned by Nonparty C, to the Defendant, and the registration of transfer of ownership was completed on August 7, 2017, and became insolvent.

Therefore, the above gift contract constitutes a fraudulent act, and thus its revocation and restitution is sought as stated in the purport of the claim.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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