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(영문) 서울북부지방법원 2020.02.07 2018가단136836
사해행위취소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B’s KRW 18,018,246 and KRW 4,167,055 among the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Defendant B was transferred by each of the loans claim (hereinafter “instant loans claim”) indicated in the table below that each of the above companies owned against Defendant B from D and E, and each of the above companies notified the Defendant B of the transfer of the claims at the time of the transfer of claims indicated in the table.

The loan principal of the original loan institution at the annual interest rate of D5,00,000,000 on April 14, 2014. 4, 167,05 9,225,225,62 E 5,00,000,000 of the principal and interest on the balance of principal and interest on the date of transferring the principal of the loan to the original loan institution (the base amount on August 30, 2018) shall be 9.9% on April 14, 2014. 3,81,305,792,584 (the principal and interest on the loan of the original loan institution: the base amount on August 30, 2018).

B. The Defendants purchased the instant apartment from the Korea Land and Housing Corporation on June 24, 201 and completed the registration of ownership transfer on each 1/2 equity share on August 6, 2012, as well as 108,00,000 won with respect to the instant apartment on the same day, and the right to collateral security, which is the debtor, B, and the Industrial Bank of Korea of Korea (hereinafter “instant collateral security”).

(2) After completing the registration of creation (after this, on October 25, 2012, the mortgagee was changed to the Korea Housing Finance Corporation on July 4, 2013), the Defendants agreed to divorce on February 3, 2015, and Defendant B donated 1/2 shares in the apartment in this case to Defendant C as consolation money, and Defendant C agreed to assume the responsibility for the instant collateral security obligations established with respect to the instant real estate.

Accordingly, on March 2, 2015, the Defendants: (a) on March 2, 2015, donated the shares of 1/2 owned by Defendant B to Defendant C; (b) “the instant donation agreement” refers to “the instant donation agreement.

B. On the same day, the transfer registration of shares in the name of the defendant C was made on March 2, 2015 with respect to the shares in the 1/2 shares in the apartment in this case, and on the same day, the transfer registration of shares in the name of the defendant C was made.

the same day, Daejeon District Court.

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