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(영문) 광주지방법원 2017.04.20 2016가단27370
사해행위취소
Text

1. The contract of donation concluded on October 2, 2015 between the Defendant and B shall be revoked.

2...

Reasons

1. Basic facts

A. (1) On June 30, 2014, the Plaintiff entered into a credit guarantee contract with a fisheries company C (hereinafter “C”) with a deposit of KRW 110,50,000,00. The Plaintiff jointly and severally guaranteed the obligation of C to the Plaintiff by the representative director of C, and C, on June 30, 2014, borrowed a guarantee under the said credit guarantee contract from NFC as security, KRW 110,50,000 from NFC.

(2) From December 15, 2015, C did not pay the interest rate on the loan and lost the benefit of January 18, 2016. Ultimately, on March 31, 2016, the Plaintiff paid the loan amount of KRW 112,130,601 to NFFC.

(3) On April 25, 2016, the Plaintiff filed an application with the Gwangju District Court for an order to pay the indemnity amount with the Gwangju District Court 2016 tea6418 and received an order to pay the amount of KRW 112,63,256 to the Plaintiff jointly and severally, and KRW 111,897,492 from April 22, 2016 to the delivery date of the payment order, and KRW 12% per annum from the next day to the date of full payment, and KRW 15% per annum from the next day to the date of full payment. The payment order was finalized on May 14, 2016.

B. (1) The sentence of B, who is the father of the Defendant, completed the registration of transfer of ownership on January 7, 201, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on January 7, 201, B completed the registration of transfer on January 6, 201.

(2) On October 5, 2015, B completed the registration of transfer of ownership on the instant real estate to the Defendant on October 5, 2015 due to a donation made on October 2, 2015.

(hereinafter referred to as the “instant gift contract”) C.

At the time of the donation contract on B’s property status, B did not have any particular positive property except for the instant real property, while there was a small property such as a loan obligation of KRW 460 million to the Seoyang Saemaeul Community Fund.

[Reasons for Recognition] A. Each entry (including a serial number) in Gap evidence 1 through 7, without dispute.

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