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(영문) 전주지방법원 2020.12.17 2020나2789
사해행위취소로 인한 소유권말소등기
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 14, 2014, the Plaintiff lent KRW 15 million to D. At this time, D agreed to pay the Plaintiff the said loan amounting to KRW 15 million on August 30, 2014, September 30, 2014, and October 30, 2014.

B. On December 23, 2015, D completed the registration of ownership transfer under the former Jeju District Court’s Jeju District Court’s District Office, which received on December 23, 2015 as of December 15, 2015, on the real estate listed in the separate sheet No. 9302 on the ground of donation on December 15, 2015, and completed the registration of ownership transfer as of December 23, 2015 with respect to the real estate listed in the separate sheet No. 9303 on December 23, 2015 to Defendant C, who is his/her spouse, based on donation on December 16, 2015.

(hereinafter referred to as “each gift contract of this case” in total, and the registration of transfer of ownership based on each gift contract of this case shall be deemed to have been completed in total.

The Plaintiff filed a lawsuit against D with Youngcheon District Court for the repayment of KRW 15 million as the monthly branch of Chuncheon District Court Decision 2017 Ghana697. On September 26, 2017, the said court rendered a judgment to the effect that “D and E jointly pay to the Plaintiff the amount of KRW 15 million and the amount calculated at the rate of KRW 15% per annum from the day following the day on which the copy of the instant complaint was served (D from July 15, 2017, and from July 25, 2017, E) to the day of full payment.”

Although D appealed as Chuncheon District Court 2017Na54217, the above court rendered a judgment dismissing an appeal on September 12, 2018 (hereinafter “instant judgment”), and the instant judgment became final and conclusive on October 5, 2018.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments

2. Determination on the defense prior to the merits

A. The gist of the Defendants’ assertion is that the Plaintiff’s real estate in D was subject to compulsory execution on or around October 5, 2018 when the instant judgment became final and conclusive, due to each of the instant gift agreements.

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