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(영문) 서울남부지방법원 2016.11.25 2016가합100790
사해행위취소
Text

1. As to each real estate listed in the separate sheet No. 1:

A. A donation contract concluded on March 30, 2015 between Defendant A and E.

Reasons

1. The facts below the basic facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 6-1 to 11, 8, 10; and (c) evidence Nos. 10; and (d) the fact inquiry results with respect to G pages in light of the whole purport of the pleadings.

E is the representative director of H Co., Ltd. (hereinafter referred to as “H”), Defendant A and B are children of H, and Defendant C is the wife of H.

B. On March 30, 2015, E entered into a gift contract with Defendant A (hereinafter “first gift contract”) with respect to each real estate listed in the separate sheet No. 1, and completed the registration of ownership transfer under the name of Defendant A as of April 1, 2015. ② On March 30, 2015, Suwon District Court entered into a gift contract with Defendant B (hereinafter “second gift contract”) with Defendant B with respect to each real estate listed in the separate sheet No. 2, and completed the registration of ownership transfer under the name of Defendant C with Defendant C (hereinafter “third donation contract”) with Defendant C and 250 million won on April 10, 2015, and completed the registration of ownership transfer under the name of Defendant C and 250 million won on April 10, 2015 (hereinafter “Defendant C and 250 million won on April 26, 2015”), and the registration of ownership transfer under the name of Defendant C and 2505 billion won on each real estate under the separate sheet No. 3”).

C. On May 12, 2014, with respect to the real estate set forth in the [Attachment 3 List 2], the establishment registration of a mortgage amounting to KRW 480 million was completed on the part of the National Bank of Korea, the debtor H, the maximum debt amount, KRW 480 million, which was the mortgagee of the right to collateral security. However, the Suwon District Court was F based on

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