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(영문) 청주지방법원제천지원 2016.06.22 2015가단2979
사해행위취소등
Text

1. The gift contract concluded on September 22, 2014 between the Defendant and C with respect to the apartment indicated in the separate sheet is KRW 24,245,248.

Reasons

1. Basic facts

A. On October 4, 2013, the Plaintiff decided to lease (hereinafter referred to as “instant lease agreement”) 104 Dong 308 (hereinafter referred to as “D apartment”) from Gangwon-gun D apartment (hereinafter referred to as “D apartment”) with a deposit of KRW 60,00,000, and the term of lease from November 15, 2013 to November 15, 2015 (hereinafter referred to as “instant lease agreement”), and received the said apartment from C by paying a deposit to C around that time.

After that, the above apartment was sold in the voluntary auction procedure (Skcheon District Court original support E). On July 29, 2015, the date of distribution of the above voluntary auction procedure, the Plaintiff received 35,754,752 won from the lessee in the position of the fixed date lessee.

B. On September 22, 2014, C decided to donate an apartment as indicated in the attached list (hereinafter “instant F apartment”) to the Defendant, who is the ASEAN (hereinafter “instant gift agreement”), and completed the registration of ownership transfer under the said gift agreement on September 24, 2014.

C. At the time of the conclusion of the above donation contract, C owned the D Apartment Nos. 1 D apartment, the market price of which was 65,590,000, and D apartment Nos. 102, and 301 (hereinafter “instant D apartment”), the market price of which was 65,590,000, and D apartment Nos. 102, and 902 (hereinafter “instant 3D apartment”), with the exception of the instant F apartment, as active property, as well as the instant F apartment, and as a small property, C owned the debt of the loans to the New Saemaul Cooperative, which was the secured debt of the said 1D apartment (hereinafter “one debt of this case”), the lease deposit of KRW 60,590,00 against the Plaintiff, and the lease deposit of KRW 30,000,00 (hereinafter “mortgage No. 1 debt of this case”) and the lease deposit of KRW 20,500,000 against the Plaintiff (hereinafter “mortgage No. 200,50,50,000

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