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(영문) 부산지방법원 2018.04.26 2017가단315808
사해행위취소
Text

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

A. A donation contract concluded on March 27, 2015 between the Defendant and Nonparty C is concluded between the Defendant and Nonparty C.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the non-party company as described in Table 1 (hereinafter “the instant credit guarantee agreement”) with the non-party company on the debt of the loans specified in Table 2 attached to the non-party company D (hereinafter “non-party company”) with the E bank, and C guaranteed the debt owed by the non-party company to the Plaintiff under the instant credit guarantee agreement.

F F E

B. After the occurrence of a credit guarantee accident by the non-party company, the plaintiff subrogated as listed below 3 in accordance with the claim for the performance of the guaranteed obligation by the bank, and the plaintiff's claim for reimbursement and the fixed damages for delay against the defendant who deducts some amount recovered from the non-party company are as listed below 5.

F F

C. On June 2, 2016, the Plaintiff filed an application for payment order with the non-party company and C as Busan District Court Decision 2016 tea1849, and on June 2, 2016, the payment order was finalized at that time, stating that “The non-party company and C shall jointly and severally pay to the Plaintiff 80,548,773 won and 76,693,406 won among them, with 18% per annum from January 16, 2001 to May 31, 2005, 15% per annum from June 1, 2005 to May 11, 2006, and 20% per annum from the next day to the date of full payment.”

C On March 27, 2015, the Defendant entered into a gift agreement with the Plaintiff (hereinafter “instant gift agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) that was one’s sole property, and the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on March 27, 2015 as the receipt of the title No. 3783 on March 27, 2015.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, fact inquiry reply to the head of this court's annual system, submission order of financial transaction information to G, and the purport of the whole pleadings.

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