logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.02.18 2015가단508957
사해행위취소
Text

1.(a)

The gift contract entered into on December 19, 2013 with respect to the area of 2,288 square meters in Dai-gun, Chungcheongnam-gun, Jeonnam-gun.

Reasons

Facts of recognition

In February 27, 2013, B obtained a loan of KRW 76.6 million from the National Bank, and the Plaintiff guaranteed KRW 6,1280,000 out of the above debt.

B forfeited the benefit of the term of the above loan on July 16, 2014, the Plaintiff subrogated to the National Bank on September 18, 2014 to pay KRW 62,146,146.

After December 3, 2015, B performed part of the indemnity obligation against the Plaintiff, and the indemnity obligation against the Plaintiff as of December 3, 2015 is the principal amount of KRW 29,525,162 and delay damages amount of KRW 8,643,908.

The gift B between B and the Defendant acquired the ownership of the real estate indicated in the disposition on August 22, 1994 (hereinafter “the instant real estate”). On December 19, 2013, the said real estate was donated to the Defendant, who is his own child, and completed the registration of ownership transfer on January 7, 2014.

B’s active property at the time of donation of the instant real estate to B was the instant real estate of KRW 26,98,400, KRW 26,318,250, KRW 400, KRW 470, KRW 176,854,320, Seo-gu, Gwangju E land and buildings (total amount of KRW 206,170,970), and KRW 66,58,404, KRW 6668,404, KRW 404, KRW 40,000, KRW 23,000, KRW 13,182,20, KRW 7,6666,00, KRW 15,926,00, KRW 124,925, KRW 295, KRW 297,975, aggregate) with respect to the instant real estate as the instant real property.

The Defendant sold the instant real estate to I on March 7, 2014, and completed the registration of ownership transfer on the same day.

The market price of the instant real estate at the market price is KRW 26,98,400, respectively, as of December 19, 2013 and December 18, 2015.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 14, the result of a request for market price appraisal to a dialogue appraisal corporation of this court, the head of Seo-gu, Goi-Gun, Gwangju Tax Office, Gwangju Tax Office, Gwangju Bank, and New Card Co., Ltd. of this Court.

arrow