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(영문) 광주지방법원 순천지원 2018.09.04 2017가단80049
사해행위취소
Text

1. The contract of donation concluded on July 27, 2017 between the defendant, B, and C with respect to the real estate listed in the separate sheet is 47,064.

Reasons

1. Basic facts

A. On October 4, 2002, the Plaintiff: (a) on October 4, 2002, 12.9% per annum (13.4%) interest rate of 19% per annum; (b) on October 4, 2005, entered into a loan contract with C as a joint guarantor; and (c) on October 2, 2005, the Plaintiff borrowed the above amount; (d) B; and (e) on November 29, 2017, C lost the benefit of the above loan; and (e) C has the loan claims of KRW 57,170,862 ( principal KRW 19,714,360, interest rate of KRW 36,636,686, provisional payment amount of KRW 263,186, property management expenses, and KRW 894).

3) On November 30, 2017, the Plaintiff: (a) received a payment order for the said claim from the Seoul Southern District Court Decision 2017Guj177900; and (b) received payment order for the said claim from C as the same court on November 29, 2017; and (c) thereafter became final and conclusive at that time; (b) B; and (c) B, around July 27, 2017, the Plaintiff donated 1/9 shares of each of the real estate listed in the separate sheet (hereinafter referred to as “the instant gift contract”) in the real estate list (hereinafter referred to as “the instant real estate”), which is the only property owned by himself/herself under the insolvent, to the Defendant (hereinafter referred to as “the instant gift contract”); and (d) completed the registration of ownership transfer on September 7, 2017.

2) B and C were the births of the Defendant husband. C. On August 22, 2017, on the instant real estate, the establishment registration was completed on August 22, 2017, with the debtor, the Defendant, the mortgagee of the right to collateral security, the net mining industry cooperative, the maximum debt amount of KRW 144,00,000,000.

2) On August 22, 2017, the instant real estate had been registered for the creation of superficies for 30 years from August 22, 2017 with superficies (hereinafter “instant real estate”) on August 22, 2017. (iii) The market price of the instant real estate is KRW 203,463,00 as of July 27, 2017, and KRW 211,78,00 as of June 15, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including additional numbers), and the court's response to the order of submission of taxation information on the net taxation secretary of this court, the result of the request to the head of the D appraiser office of this court for appraisal, and the purport of the whole pleadings.

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