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(영문) 인천지방법원 2019.01.17 2018나51433
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the record as to whether the appeal of this case was lawful, the court of first instance served the defendant by means of service, such as a copy of the complaint against the defendant, the date of pleading, and the authentic copy of the judgment by public notice. The defendant was found to have submitted the instant written appeal of subsequent completion on January 16, 2018, within two weeks after becoming aware of the first instance judgment on January 12, 2018. Thus, the appeal of this case is lawful.

2. Facts of recognition;

A. On June 18, 2012, the Plaintiff entered into a housing loan agreement with C, and thereafter loaned KRW 51 million on the 25th of the same month to C. As of February 8, 2017, the Plaintiff’s total amount of principal and interest of the Plaintiff as of February 8, 2017 (i.e., interest on KRW 6,705,052 and interest on KRW 4,912,468 and interest on KRW 118,455). The overdue interest rate applied after January 25, 2015 is 15% per annum.

B. C entered into the instant gift agreement with the Defendant, who was the ASEAN on December 16, 2015, concluded the instant gift agreement with respect to each of the instant real estate shares, and completed the registration of ownership transfer for the said shares on the following day.

C. A debtor C’s property status 1) At the time of the conclusion of the donation contract of this case: (i) KRW 303,549,184 (=379,436,480 x 8/10); (ii) KRW 64,00,00,00 in the value of Hegra Hgye, Nam-gu, Incheon; (iii) KRW 457,549,184 (=303,549,184, KRW 64,000,000, KRW 94,000; (iv) KRW 365,000,000; and (v) KRW 164,50,000; (v) KRW 5,000,000; (v) KRW 74,000; and (v) KRW 169,00,000; and (v) KRW 261636,000,000 for the lessee;

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