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(영문) 서울중앙지방법원 2014.12.12 2014가합9699
사해행위취소 등
Text

1. The contract of donation concluded on April 15, 2013 between the Defendant and C is revoked.

2...

Reasons

1. Basic facts

A. D Co., Ltd. (the representative director) promoted a new project to build an urban residential housing on the land of Guro-gu Seoul Metropolitan Government F and G, and obtained approval from the competent authority on June 9, 201 for the housing construction project.

B. On June 11, 2012, the Plaintiff entered into a contract with E to receive the said new housing construction cost of KRW 3.12 billion (i.e., construction cost of KRW 2.7 billion, KRW 395 million) from the Plaintiff (i.e., construction cost of KRW 2.77 billion). On the same day, C guaranteed the Plaintiff’s obligation for the instant construction cost of the Plaintiff.

C. According to the above contract, the Plaintiff was paid KRW 60 million at the beginning of the construction, KRW 40 million at the lid of underground 1st floor, KRW 200 million at the completion of the 3rd floor of the aggregate construction, KRW 200 million at the completion of the aggregate construction, KRW 100 million at the completion of the aggregate construction, and KRW 100 million at the completion of the construction (total KRW 60 million), and the remainder of the construction cost was paid within 50 days after the completion of the construction.

The Plaintiff continued the instant construction in accordance with the said contract and completed the pelvis and commenced the pelvis construction. However, D Co., Ltd. suspended the instant construction around December 2012 as a legal dispute arises between creditors and creditors.

E. On the other hand, on April 17, 2013, C completed the registration of transfer of ownership as stated in Section 2 of the Disposition on April 15, 2013 to the Defendant, who is the husband, on April 17, 2013.

(f) At the time of the instant donation, C owned 1/2 of the real estate listed in the attached Table as active property, the I Apartment-dong Underground 101-dong, Gangnam-gu, Seoul, and 1/140 square meters of land (transaction price of KRW 81,00,00,000), and the Jansung-gun, Gangwon-do, J. Gyeong-gun, J. 43,140 square meters of land (transaction price of KRW 175,00,000). However, as passive property, C bears the above joint and several liability against the Plaintiff.

In addition, C around April 19, 2013, immediately after the instant donation, around April 19, 2013, set the right to collateral security of KRW 250 million to K with respect to the said apartment and forest land.

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