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(영문) 서울중앙지방법원 2017.02.17 2016가합528927
사해행위취소
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1. The gift contract concluded on March 27, 2015 between the defendant and the non-party B on the real estate stated in the separate sheet between the defendant and the non-party B is 23,594.

Reasons

1. Basic facts

A. On March 27, 2015, Nonparty B donated real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (hereinafter “instant donation contract”) and completed the registration of transfer of ownership as Seoul Eastern District Court’s receipt No. 22031 on March 31, 2015.

B. Meanwhile, at the time of the instant donation contract, the Plaintiff had a credit card user’s claim of KRW 23,594,440 against the said B.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. 1) Whether a fraudulent act is established or not. The Plaintiff’s credit card use-price claim against B prior to the existence of the preserved claim is subject to the obligee’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor.

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