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(영문) 부산지방법원 2015.01.15 2013가단220704
구상금등 청구의 소
Text

1. The contract of donation concluded on October 5, 2012 between the Defendant and B regarding each real estate listed in the separate sheet shall be revoked.

Reasons

1. Facts of recognition;

A. On February 3, 2012, the Plaintiff entered into a credit guarantee agreement with B on February 3, 2012, with respect to the obligation to repay the principal and interest of loans that B is to bear by obtaining a loan from the International Savings Bank, a stock company, with the content of KRW 17,00,000,000 as the guaranteed amount, and February 2, 2017 as the guaranteed period. (ii) B obtained a loan of KRW 17,00,000 from the said bank on February 3, 2012 in accordance with the said credit guarantee. On October 4 of the same year, the Plaintiff caused a credit guarantee accident in which the interest of the said loan was overdue, and on April 26, 2013, the Plaintiff subrogated the said bank with a total of KRW 18,179,893,00,000 (i.e., the loaned principal of KRW 17,170,179,893).

B. On October 5, 2012, B of this case donated each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, who is the wife on October 5, 2012 (hereinafter “instant gift”); on October 1, 201 of the same month, as to the real estate listed in the separate sheet Nos. 1 through 3, the registration of transfer of ownership in the separate sheet No. 2-A, and as to the real estate listed in the separate sheet No. 4 and 5, respectively, was completed.

C. On October 8, 2012, B and the Defendant filed an application for confirmation of intention of divorce with the Busan Family Court for confirmation of intention of divorce. On November 7, 2012, the agreement was reached between B and the Defendant on November 7, 2012.

B’s property status B was in excess of liability as indicated in the following table at the time of the instant donation.

Preliminary Property (won) In addition, a dispute over the obligation to loan the International Savings Bank loans (related to the amount of indemnity in this case) to 129,536,950 real estate in this case (won) 3,675,600,000 square meters of 17,000,021 square meters of 17,000,021 square meters of 1,021 square meters of 1,021 square meters of 2,675,600, 600 of loans to the Saemaul Bank loans in Dong-dong Saemaul Bank loans in Dong-dong, 2,000, 2002, 27,144,624, referring to the Defendant’s preparatory brief as of June 17, 2014 / 3,60,000 of 20,000,357,174,261,0000 [based on recognition]

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