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(영문) 수원지방법원성남지원 2015.01.20 2014가단215955
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. A donation contract concluded on December 12, 2013 between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff’s indemnity claim (1) on October 24, 2000, between the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement with respect to the Defendant’s obligation of loans to the Defendant’s National Bank Co., Ltd. (hereinafter “Nonindicted Company”). At the time, B, a representative director of the Nonparty Company, guaranteed the Plaintiff’s indemnity obligation against the Nonparty Company.

(2) Upon the occurrence of a credit guarantee accident where the non-party company delayed interest on January 30, 2002, the plaintiff subrogated to the national bank 98,791,586 won on July 12, 2004.

(3) The plaintiff filed a lawsuit against the non-party company and B with the Seoul Central District Court Decision 2006Kadan30598, and on October 20, 2006, the above court rendered a judgment that "the non-party company and B shall jointly and severally pay to the plaintiff 100,116,336 won and 98,791,586 won with 18% per annum from July 12, 2004 to May 31, 2005, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on November 21, 2006.

B. Concluding the instant donation contract (1) B, on December 12, 2013, concluded a contract to donate each real estate (hereinafter “instant real estate”) recorded in the separate sheet (hereinafter “instant donation contract”) to the Defendant, who is one’s own son on December 12, 2013 (hereinafter “instant real estate”). On December 30, 2013, the Defendant issued an order as to the instant real estate 1-B to the Defendant.

The registration of ownership transfer (hereinafter referred to as the "registration of ownership transfer of this case") as described in paragraph (1) was completed.

(2) At the time of the instant donation contract, B owned only D 957 square meters in the door-to-door, with the transaction value equivalent to KRW 10,000,000 in addition to the instant real estate.

(3) B filed a petition for bankruptcy on February 2014 following the conclusion of the instant gift agreement.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 7, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) According to the above facts, B at the time of the conclusion of the instant gift contract.

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