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(영문) 창원지방법원통영지원 2020.02.04 2019가단26150
사해행위취소
Text

1. A donation contract concluded on November 22, 2017 between the Defendant and C with respect to one-half share of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff, who runs wholesale and retail business with the Plaintiff’s trade name, from May 1, 2017 to November 1, 201 of the same year, supplied C with 12,261,023 won, but did not receive 7,015,285 won among them, and filed a claim for the purchase of goods against C with the Changwon District Court Decision 2019Ga308, Changwon District Court 2088. 2) In the case of the claim for the purchase of goods, the above court rendered a decision for the purchase of goods on May 13, 2019 that “C shall pay to the Plaintiff 7,015,285 won and 15% interest per annum from the day following the delivery of the decision for performance recommendation to the day of full payment (hereinafter “the instant decision for performance recommendation”). The above decision for performance recommendation was not made on May 17, 2019, and C had not been served on C. 16.

B. 1) The Defendant, the wife of C and C, on November 25, 2010, as indicated in the separate sheet (hereinafter “instant apartment”) on November 25, 2010.

(2) On November 22, 2017, C entered into a donation contract with the Defendant for one-half portion of the instant apartment (hereinafter “instant donation contract”) with respect to each one-half share of each apartment on September 24, 2010. On the same day, C completed the ownership transfer registration for one-half share of the said apartment (hereinafter “instant ownership transfer registration”).

3) At the time of entering into the instant gift agreement, the market price of the instant apartment was KRW 300 million. C. On November 25, 2010, the instant apartment building with the alteration and establishment of the right to collateral security was the debtor C and the mortgagee E (hereinafter “E”).

The maximum debt amount of KRW 240 million was set out. On June 14, 2019, the maximum debt amount of the said mortgage was changed to KRW 29,122,098, and on the same day, the said maximum debt amount was additionally set up for KRW 220,000,000.

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