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(영문) 광주지방법원 2015.04.21 2014가단33944
사해행위취소
Text

1. The respective contract of gift amounting to KRW 11,00,000 on February 10, 2014 between the defendant and C and KRW 1,00,000 on February 11, 201 shall be revoked.

Reasons

1. Following the facts of recognition may be acknowledged by taking into account the following facts: Gap evidence 1-1, 2-2, and 2-1, 3-2, and Eul evidence Nos. 3 and 4-2, and the whole purport of arguments as a result of the submission of financial transaction information to the bank in the case of A-In-House Savings Co., Ltd.

The Plaintiff’s claim (1) C shall return to the Plaintiff on August 31, 2013 the investment principal of KRW 50 million by the end of October, 2013, and shall provide the Plaintiff with KRW 35 million by the end of November.

“The letter was drawn up and drawn up to the purport.”

(2) Accordingly, the Plaintiff filed a lawsuit against C claiming the return of investment amount under the Daejeon District Court Hongsung Branch of 2014Kadan1249.

On May 13, 2014, the above court rendered a judgment that “C shall pay to the Plaintiff 85,000,000 won with interest of 20% per annum from January 28, 2014 to the date of full payment,” and the above judgment became final and conclusive around that time.

B. C’s disposal of property (1) around December 20, 2012: (a) around December 20, 2012, with respect to D Apartment 102 Dong-dong 2006, Gwangju Northern-gu, the registration of the establishment of chonsegwon (100,000,000, and the lease period from December 20, 2012 to December 23, 2014; and (b) around December 20, 2012, C owned the above right to return the lease deposit against E, who is the owner of the said apartment.

(2) On April 1, 2013, C took out a loan of KRW 80,000,000 from the EF Savings Bank Co., Ltd., and completed the registration of establishment of a mortgage on the above chonsegwon.

(3) C terminated the contract to establish a right to lease on a deposit basis prior to the expiration of the term of existence and paid KRW 81,655,441, including KRW 801,267, out of the repayment fee, to the Bank Em Savings Co., Ltd. for the repayment of the said loan on February 10, 2014.

(4) On February 10, 2014, C received KRW 16,684,610 on a deposit basis remaining after repayment of the loan, etc. from E.

(5) Of the above KRW 16,684,610, C donated each of the above KRW 11,000,000 on February 10, 2014, and KRW 11,000,000 on November 11, 201 of the same month to the Defendant who is the spouse.

C. The financial status of C is different from the foregoing deposit returned around February 10, 2014.

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