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(영문) 수원지방법원 2019. 10. 01. 선고 2019가단532461 판결
이 사건 근저당권 피담보채권의 소멸 여부[국승]
Title

Whether the secured debt of this case is extinguished or not

Summary

A judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act). The Defendant revoked a donation contract concluded with respect to the instant real estate within the scope of KRW 47322130 and the Defendant decided to pay the Plaintiff the relevant money.

Related statutes

§ 406. Right of revocation by Creditor

Cases

2019 Ghana 532461 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

Man-hee

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

October 01, 2019

Text

1. The gift agreement concluded on December 19, 2017 with the Defendant on the attached list between the Defendant and Song (Seongsung East-si, 17,502 (Returned, Dong-dong, Pungpool Lease) shall be revoked within the limit of KRW 47,322,130.

2. The defendant shall pay to the plaintiff KRW 47,322,130 as well as its full payment on the day immediately after the day this judgment became final and conclusive.

By the day, 5% interest per annum shall be paid.

3. The costs of lawsuit shall be borne by the defendant

Cheong-gu Office

The term "the date of confirmation" of the claim in the text of the disposition seems to be the day after the date when the decision is made.

Reasons

1. Indication of claim;

2. Judgment without holding any pleadings

Articles 208(3)1 and 257(1) of the Civil Procedure Act

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