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(영문) 수원지방법원 2019.06.20 2018가단31671
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A donation contract concluded on June 20, 2018 between the Defendant and Nonparty C is concluded between the Defendant and Nonparty C.

Reasons

1. Basic facts

A. Between the Plaintiff and the Plaintiff on August 7, 2018, on August 21, 2018, a notary public drafted a notarized deed No. 387 of 2018 (hereinafter “notarial deed of this case”) on the following purport: (a) a notary public would repay KRW 100 million to the Plaintiff by up to August 21, 2018; and (b) a delay by adding damages for delay calculated at the rate of 15% per annum to the Plaintiff.

B. On June 20, 2018, C entered into a gift agreement with the Defendant to donate real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant gift agreement”) (hereinafter “instant apartment”). On August 13, 2018, Suwon District Court accepted the registration of ownership transfer to the Defendant pursuant to Article 161048.

C. C was in excess of its obligation at the time of the instant donation contract, and the instant apartment was the only property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. At any time of the existence of the secured claim, when there was a legal act corresponding to a fraudulent act at any time, it shall be determined carefully in consideration of the significant impact on the interests between the parties, and when there was a legal act corresponding to a fraudulent act, it shall be determined on the basis of the date on which such fraudulent act was actually committed. In principle, it shall not be determined whether such fraudulent act was actually committed based on the date on which the grounds for registration appears to have been based on the disposal document, but if there were special circumstances, it shall be determined that there was a legal act on the basis of the actual date, etc.

(See Supreme Court Decision 2002Da41589 delivered on November 8, 2002, etc.). In light of the following circumstances acknowledged in light of the following facts, namely, ① the defendant and C are married couple, and ② the transfer of ownership registration under the gift contract of this case is the authentic deed of this case.

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