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1. As to the real estate stated in the attached Form C, a donation contract between the defendant and the non-party C on September 21, 2016 shall be 10,919.
Reasons
1. Facts of recognition;
A. Plaintiff’s claim 1) around March 5, 2015, the Plaintiff lent KRW 40 million to C. (2) On March 10, 2017, the Plaintiff and D Law Firm drafted a notarial deed of a monetary loan agreement with the Plaintiff to immediately repay KRW 40 million from the deed No. 369 on March 10, 2017.
(F) March 5, 2015 on the next day, March 10, 2017 due date, March 10, 2017, interest rate of 10% per annum, and delay damages rate of 20% per annum.
C’s gift 1) C is a real estate listed in the attached Form (hereinafter “instant real estate”) on December 14, 2009.
2) On September 26, 2016, C acquired the ownership transfer registration in the future of the Defendant, a mother, based on the instant real estate donation (hereinafter “instant donation”) made on September 21, 2016, which is the sole property of the instant real estate.
3) The instant real estate was established with the right to collateral security, the maximum debt amount of which is KRW 33,800,000,000 for the mortgagee E, the E, the maximum debt amount of which was KRW 33,80,000 (the date of registration of creation, August 22, 2016), and was cancelled on September 26, 2016 (the debt amount of KRW 26,00,000 at the time of cancellation). Meanwhile, on the instant real estate, the registration of creation of collateral security (the FF Association, the date of registration, December 22, 2009), the maximum debt amount of KRW 24,00,000 for the instant real estate was terminated each (the FF Association, the date of registration, December 5, 2013).
The secured debt of each of the above mortgage establishment registration is 48,080,648 won in total.
(C) The secured debt of 19,083,558, and the secured debt of 28,97,090,090,000,000,000,000,000,000,000,000,000 won as of December 5, 2013.
As of September 17, 2018, the market price of the instant real estate is KRW 85,00,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8, the result of a request for market price appraisal with respect to appraiser G by this court, the purport of the whole pleadings
2. Determination
A. The act of donation to the Defendant of the instant real estate, which was the sole property of C as to whether a fraudulent act is recognized, causes the shortage of creditors’ joint security.