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(영문) 전주지방법원 2017.11.24 2017가단8281
사해행위취소 등
Text

1. The Defendants and C entered into a contract on December 13, 2016 with respect to each of the real estate listed in the separate sheet on 1/8 shares.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C for damages as the Jeonju District Court 2014Gahap7499, and the court rendered a judgment against C on September 9, 2016 that “The Plaintiff shall pay to C the amount of KRW 5,00,000 and interest calculated by the rate of 5% per annum from May 31, 2016 to September 9, 2016, and 15% per annum from September 10, 2016 to the date of full payment.”

The above judgment became final and conclusive on October 5, 2016.

B. On December 13, 2016, C entered into a donation agreement with the Defendants on each one-eight share of the real estate listed in the separate sheet (hereinafter “instant real estate”). On December 22, 2016, C completed the registration of ownership transfer with the former District Court No. 11233, Dec. 22, 2016 regarding each share of the Defendants.

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s existence of the preserved claim is 1. A prior to the contract of donation of this case.

There were claims based on the final judgment, as described in the paragraph.

The Plaintiff’s claim is a preserved claim of the obligee’s right of revocation of this case.

B. According to the evidence evidence evidence evidence Nos. 3 and 4, C owns the land and the ground buildings of YY-gu, Jeonju-si, but it is recognized that, at the request of creditor F, the compulsory auction had commenced to G with the Jeonju District Court at the Jeonju-si, Jeonju-si, Jeonju-si, Jeonju-si, Jeonju-si, the National Health Insurance Corporation, the Republic of Korea (the Jeonju Tax Office), and the provisional attachment registration (the claimed amount of KRW 17,357,685), and the provisional attachment registration (the claimed amount of KRW 29,50,00), and the provisional attachment registration (the claimed amount of KRW 17,357,685) by creditor F.

In light of the above circumstances, C did not have a sufficient positive property for the creditor’s joint security in addition to the 1/4 share out of the instant real estate around December 13, 2016, which entered into the instant gift agreement with the Defendants.

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