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(영문) 수원지방법원안산지원 2017.11.28 2016가단67557
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of Gap evidence 1, Gap evidence 3, Gap evidence 4-3, Gap evidence 6-3, and 6-4.

On November 27, 2014, the Plaintiff received a certificate of loan from D to the effect that “The Plaintiff is to repay the rent of at least KRW 164,492,500 in installments at least one million each month.”

B. On February 25, 2015, D completed the registration of ownership transfer for the reasons of sale on November 12, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and upon completion of the registration of ownership transfer for the reasons of sale on November 12, 2013, D entered into a mortgage agreement with Defendant C and the instant real estate with the maximum debt amount of KRW 200 million, the debtor D, and the mortgagee C, thereby completing the registration of ownership transfer for the instant real estate.

C. On the other hand, after completing the marriage report on February 6, 1995 with Defendant B, D had his father(E) and son(F) under the chain, and Defendant B filed an application for conciliation against D on March 4, 2016 for divorce, etc. with this court.

(2016p.1544) d.

As a result, D and Defendant B were divorced on May 11, 2016, designated Defendant B as the person with parental authority and custody of their children, and as a division of property, D were to transfer the instant real estate to Defendant B as a division of property.

E. According to the above conciliation, Defendant B completed the registration of transfer of ownership based on the division of property on June 1, 2016 on the instant real estate on May 11, 2016.

2. The assertion of the parties and their determination

A. It is all the Plaintiff’s act of entering into a mortgage agreement with Defendant C, his wife, and the agreement to transfer the instant real estate, one of which was the sole property of the said Defendant while divorced with Defendant B, who was his spouse, in the state of insolvency of the Plaintiff’s assertion 1 of the parties’ assertion.

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