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(영문) 서울중앙지방법원 2015.08.25 2014가합591235
사해행위취소
Text

1. A gift contract concluded on December 20, 201 with respect to the volume of 1,478 square meters in the wife population C between the Defendant and B, which was concluded on December 20, 201, between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan bond 1) The Japanese Savings Bank Co., Ltd. (hereinafter “Japan Savings Bank”)

D Co., Ltd. (hereinafter “D”) on December 31, 2010

B) As indicated above, the Bank set up and lent KRW 10,00,000 to D with interest rate of KRW 11% per annum, and due date of repayment on December 31, 2011. The interest shall be paid on the date agreed in 1 month each, and if the interest is not fulfilled, the interest shall lose the benefit of time and the agreement shall be terminated, and the interest shall be paid at the rate of 25% per annum. B shall be jointly and severally guaranteed (hereinafter “instant guarantee”).

(2) Since November 15, 2011, D did not pay interest, thereby losing the benefit of the due date. The Japanese Savings Bank applied for a payment order against D and B, seeking payment of KRW 3,561,287,670, which is a part of the principal and interest of the loan, and damages for delay for KRW 3,000,000 among them, and received payment order on August 31, 2012, and the said payment order became final and conclusive as it is.

(Seoul Eastern District Court 201j. 8576) No. 3) The Japan Savings Bank was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the bankruptcy trustee. B’s property disposal of B was made on December 20, 2011 and the Defendant, who is his father, and the wife, as his wife, entered into a donation contract (hereinafter “instant donation contract”) with respect to the land size of 1,478 square meters (hereinafter “instant real property”). On December 27, 2011, the Suwon District Court received the registration office of Suwon District Court 1938666 on December 27, 2011.

On the other hand, at the time of the donation contract of this case, Han Bank Co., Ltd., the debtor, the maximum debt amount, and the maximum debt amount are 65,00,000.

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