(영문) 창원지방법원 2015.11.03 2015가단74032

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(영문) 창원지방법원 2015.11.03 2015가단74032

사해행위취소

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1. The gift agreement concluded on August 19, 2014 between the Defendant and B on the apartment indicated in the separate sheet shall be revoked.

2...

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the entry of Gap 1 to 3; and (c) the fact inquiry results to the head of the Sungsan-gu Office of this Court.

On December 15, 1997, 7,153,480 won was loaned to B on December 15, 1997, and C was declared bankrupt by the Changwon District Court on June 8, 2001, and was appointed to the trustee in bankruptcy. 2) The balance of the loan principal was KRW 6,60,423 as of December 31, 2002, and C was transferred to C on April 1, 2003, and the trustee in bankruptcy transferred the above loan credit to C on April 1, 2003, and notified B on May 2, 2003.

3) The Liquidation Bank Corporation filed a lawsuit against B against Changwon District Court No. 2005da70101, and on January 5, 2006, the above court rendered a decision of performance recommendation with the purport that "the defendant (B) shall pay to the plaintiff (SP) 6,60,423 won and 22% interest rate per annum from January 5, 2001 to the date of full payment." The above decision became final and conclusive on January 25, 2006 as it is. 4) The Liquidation Bank Corporation changed the trade name on November 10, 2009 as the plaintiff's indication, and registered it on November 11, 2009.

(hereinafter referred to as "Plaintiff" in total). B

B) On August 19, 2014, the gift contract of this case 1) B between the Defendant and the apartment indicated in the separate sheet (hereinafter “instant apartment”).

(2) As to the donation contract (hereinafter “instant donation contract”)

(2) On the same day, the registration of ownership transfer of the apartment of this case (hereinafter referred to as the “registration of ownership transfer of this case”) is made against the defendant.

(2) B) At the time of the instant donation contract, B was as against the Plaintiff.

In addition to the apartment of this case, there was no specific property except that of this case.

2. The obligor is in excess of the obligation to determine the cause of the claim.

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