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Reasons
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(영문) 대전지방법원천안지원 2019.10.30 2019가단100710
사해행위취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2001, the Plaintiff and the Defendant: (a) completed the marriage report with the Defendant on June 2, 2001; and (b) two children (one person of 2004, one person of 2006, one person of 2006) have entered into a relationship with C from June 2014.

B. The Plaintiff’s claim 1) C is an agricultural company D Co., Ltd. (hereinafter “Nonindicted Company”) with the aim of growing mushroom seeds.

(2) On January 24, 2017, upon the Plaintiff’s receipt of a loan from the Plaintiff by January 2, 2016, the Plaintiff entered into a contract with the Plaintiff to transfer 24,000 shares of Nonparty Company C on three occasions on January 22, 2016, and February 15, 2016. 2) On March 24, 2017, C borrowed KRW 24,000 from the Plaintiff on several occasions. As such, C transferred 24,00 shares of Nonparty Company to the Plaintiff as collateral. “C promised to prepare and deliver to the Plaintiff a notarial deed of debt repayment under a compulsory execution contract, separate from the foregoing collateral,” and “C accepted KRW 30,000 against the Plaintiff on March 24, 2017, and received the notarial deed as a notary public’s office’s debt repayment agreement with the Plaintiff on March 31, 2018.”

C. The ownership transfer 1) C and the Defendant filed a divorce report on May 11, 2016, and on May 17, 2017, the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

As to the division of property as follows. C donates the instant real estate to the Defendant through the division of property following divorce. The Defendant succeeds to each of the secured obligations of the maximum debt amount of KRW 310,800,000 as of February 3, 2016, the establishment registration of a mortgage over the maximum debt amount of KRW 75,00,000 as of February 29, 2016, and the establishment registration of a mortgage over the maximum debt amount of KRW 75,00,00 as of February 29, 2016. 2) C succeeds to the Defendant on May 17, 2017.

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