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(영문) 서울서부지방법원 2016.09.22 2015나1882
사해행위취소등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. On January 16, 2015, the Plaintiff filed a lawsuit claiming damages against B as Seoul Central District Court Decision 2013Da95733, Oct. 28, 201 to December 27, 201 by submitting a false diagnosis statement, etc., and the Plaintiff filed a lawsuit claiming the acquisition of KRW 23,913,204 from insurance money, etc., and the said judgment became final and conclusive around that time by winning a favorable judgment that “B shall pay to the Plaintiff 23,913,204 won and interest calculated at the rate of 5% per annum from May 14, 2012 to April 23, 2013, and 20% per annum from the next day to the date of full payment.”

B. On February 7, 2013, B donated the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant, his/her husband, as his/her wife, and the same month.

8. The registration of ownership transfer based on this was completed;

(hereinafter “instant donation”). C.

At the time of donation of this case, B had no other property except for the real estate of this case, and the amount loaned from several financial institutions exceeded 15,88,504 won as the total amount of deposit claims.

[Reasons for Recognition: The facts without dispute; Gap evidence Nos. 1 and 2; the Seocho-gu Office of this Court; the results of each fact inquiry to the Ministry of Land, Infrastructure and Transport; and Seodaemun-gu; the Korea Federation of Banks; the Korea Federation of Banks; the New Bank of Korea; the Samsung Life Insurance Co., Ltd.; the Hyundai Marine Fire Insurance Co., Ltd.; the Korea Post; the KB Damage Insurance Co., Ltd.; the Korea Fire Insurance Co., Ltd.; the Korea Commercial Insurance Co., Ltd.; the Korea Commercial Insurance Co., Ltd.; the Liber Life Insurance Co., Ltd.; Hyundai Fran Life Insurance Co., Ltd.; the East Life Insurance Co., Ltd.; the results of each reply

2. Determination:

A. According to the facts of the recognition of fraudulent act, B, barring any special circumstance, bears the above judgment debt against the plaintiff, except for the real estate of this case.

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