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(영문) 서울중앙지방법원 2021.02.05 2019가단5208871
사해행위취소 등
Text

1. As to the Plaintiff’s KRW 147,653,231 and KRW 140,000 among them, Defendant B’s year from July 1, 2019 to September 17, 2019.

Reasons

1. Basic facts

A. The reasons for the loan claim against the defendant B are as shown in the attached Form.

B. On December 15, 2017, Defendant B donated the real estate indicated in the separate sheet (hereinafter “instant real estate”) to Defendant C, who was the Plaintiff on December 15, 2017, and completed the registration of ownership transfer on the 19th day of the same month.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 3 evidence (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B had a duty to repay KRW 140,00,000 as a loan from the Plaintiff, and Defendant B had an obligation to increase the real estate of this case, which is one of its sole property under excess of the obligation, to Defendant C. As such, the act of donation constitutes an act of harming the Defendant B and the Defendant C, and Defendant C has a duty to cancel the contract of donation between the Defendant B and the Defendant C and pay KRW 135,00,000 as compensation for

3. Determination

(a) Against Defendant B: Confession;

B. (1) An act of deception against Defendant C, which is the object of the creditor’s right of revocation as stipulated in Article 406 of the Civil Act, refers to an act detrimental to the creditor by reducing the debtor’s active property or increasing the creditor’s negative property, thereby passing over the excess of the debt or deepening the excess of the debt.

In addition, the debtor's act of selling real estate, which is one of his own exclusive property, to change it in money easily for consumption or to transfer it to another person without compensation, constitutes an act of harming the creditor unless there are special circumstances (Supreme Court Decision 2000Da41875 Decided April 24, 200). Each entry of Gap 3, 4, and this court's notification order to the head of Seo-gu Incheon Metropolitan City Office, and the result of this court's response to the submission of each order to submit financial transaction information to Gap and D Co., Ltd., according to the result of this court's response to the submission of each order to submit taxation information against the head of Seo-gu Incheon Metropolitan City Office, the defendant Eul has active property at the time of the occurrence of the death of this case, and there is fho

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