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(영문) 부산지방법원 2017.10.25 2016가합45666
사해행위취소
Text

1.(a)

On January 16, 2015, it was concluded between Defendant D and Nonparty F on each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. On January 16, 2015, Nonparty D entered into a contract to donate each real estate listed in the separate sheet No. 1 to Defendant D, one of his children, and accordingly completed the registration of ownership transfer to Defendant D on the same day.

At the time of the above donation contract, each real estate listed in the separate list No. 1 list was completed by the debtor, the mortgagee, the mortgagee of the right to collateral security, the Saemaul Bank of North Korea, the maximum debt amount of 36,400,000, and the registration of establishment of a mortgage consisting of the debtor, the deceased, the mortgagee of the right to collateral security, G, the maximum debt amount of 31,000,000, respectively. On July 23, 2015, Defendant D repaid KRW 25,000,000, and cancelled the registration of establishment of a mortgage consisting of the above G name.

On July 10, 2015, Defendant D sold 12700/21600 of the above real estate to Nonparty H, and 8792/216000 of the above real estate to Nonparty I, respectively. On July 28, 2015, Defendant D completed the registration of ownership transfer with respect to each of the above real estate shares to Nonparty H and I.

B. On January 16, 2015, the Deceased entered into a contract to donate each real estate listed in the separate sheet No. 2 to Defendant E, one’s own children (hereinafter “instant donation contract”) and completed the registration of ownership transfer to Defendant E on the same day.

At the time of the above donation contract, the registration of the establishment of a mortgage consisting of the debtor, the deceased, the North Korean Saemaul Depository, the maximum debt amount of 299,00,000,000, was completed on the real estate stated in attached Table 2 list No. 1 at the time of the above donation contract. On May 16, 2016, Defendant E repaid KRW 80,000,000, out of the secured debt amount of the above collateral security loan amount of KRW 280,000,000, and takes over the remainder of the secured debt of the above collateral registration, and completed the registration of the change from the deceased to Defendant E on May 23, 2016.

C. The Deceased died on March 16, 2016, and his heir was the Defendants’ children. The Defendants were the Defendants on March 16, 2016.

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