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(영문) 수원지방법원 여주지원 2017.04.26 2016가단56320
사해행위취소
Text

1. As to shares of 1/2 out of B 1478 square meters prior to inn city:

A. A gift agreement entered into on February 9, 2016 between C and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C with the Seoul Northern District Court 2015 tea42423, and on September 8, 2015, the said court ordered C to pay the Plaintiff the amount of KRW 53,055,215 and KRW 30,000,000 per annum from August 25, 2015 to the date of complete payment. The said payment order became final and conclusive on November 7, 2015.

B. On February 9, 2016, C donated to the Defendant, one-half share of the B B, 1478 square meters (hereinafter “instant real estate”), which is one-half share (hereinafter “instant gift agreement”), and completed the registration of ownership transfer for the instant real estate on February 18, 201.

C. C was in excess of obligations at the time of the instant gift agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), each inquiry of the credit information sources of this court and the Court Administration Office, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, C donated the instant real estate to the Defendant in excess of its obligation, so the instant donation agreement constitutes a fraudulent act detrimental to C, the obligee against C, and the intention of harming C and the Defendant is also recognized.

Therefore, the gift contract of this case shall be revoked, and the defendant shall be obligated to implement C the procedure for registration of cancellation of ownership transfer on the real estate of this case.

3. The defendant's argument regarding the defendant's assertion is not the ownership of C, but the ownership of the clan in the defendant's house. However, although the defendant alleged that the real estate in this case was trusted to C, each image of subparagraphs 1-1 and 2 of the evidence No. 1-2 is insufficient to recognize the defendant's above assertion, and there is no other evidence to acknowledge it, the above argument by the defendant is

4. If so, the plaintiff's claim of this case is reasonable.

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