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(영문) 수원지방법원성남지원 2016.08.18 2016가합200237
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that he/she subrogated the National Bank of Korea KRW 1,535,64,850 on April 15, 2010 under a credit guarantee agreement between B and B, and he/she currently pays the amount of KRW 485,460,260 on the amount of KRW 482,363,840 on the amount of KRW 482,363,840 on the amount of KRW 12% on the amount of indemnity from April 15, 2010 to the date of full payment.

B In excess of its mother on June 20, 2015, when the Defendant, as his mother, leased “D, 115 Dong-dong 904, Seongbuk-gu, Sungnam-si” (hereinafter “instant apartment”) from C on June 20, 2015, he/she performed a disposal act to donate money equivalent to KRW 380,000,000 to the Defendant.

Since this constitutes a fraudulent act and the defendant's bad faith is presumed to be a fraudulent act, the plaintiff seeks payment of KRW 380 million to the defendant due to the cancellation and restitution of the gift contract.

2. On the plaintiff's claim for the revocation of the fraudulent act in this case, the defendant asserts that the lease deposit of the apartment in this case was not raised from B.

The evidence presented by the Plaintiff alone is insufficient to recognize that there exists a monetary donation contract between B and the Defendant subject to the revocation of the lawsuit seeking revocation of the fraudulent act in this case, and there is no other evidence to acknowledge it.

Rather, according to the overall purport of the statements and arguments in Eul evidence Nos. 1 through 9 (including the number of branch numbers) and the whole purport of the arguments, the defendant: (a) around June 201, the defendant leased the apartment as the lease deposit amount of KRW 280,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000.

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