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(영문) 대구지방법원서부지원 2016.11.29 2015가단22230
사해행위취소 등
Text

1.(a)

The gift contract concluded on May 19, 2014 between Defendant A and C with respect to the real estate stated in the attached list shall be 87,144.

Reasons

Basic facts were based upon the Plaintiff, while engaging in continuous clinical processing transactions with C, and the Plaintiff received a payment order with C at the rate of KRW 77,456,755, around December 2, 2013, and KRW 87,144,346, around January 31, 2015, and KRW 87,144,346, around April 15, 2015. However, in the Daegu District Court Decision 2015, Daegu District Court Decision 2015,459, on April 15, 2015, “C was paid to the Plaintiff at the rate of KRW 87,14,346, as well as 6% per annum from February 1, 2015 to April 24, 2015, and damages for delay calculated at the rate of 20% per annum from the following day to the date of full payment.” The above order was finalized around that time.

C A. On May 19, 2014, he/she entered into a gift agreement with Defendant A (hereinafter “instant gift agreement”) with respect to the real estate indicated in the separate sheet owned by him/her (hereinafter “instant real estate”), and completed the registration of ownership transfer as the receipt No. 64738 on May 10, 2014.

On May 20, 2014, following the donation contract of this case, the registration of creation of a mortgage of the debtor C, which was established on the instant real estate on May 20, 2014, was cancelled in the aggregate of the maximum debt amount of 132 million won in the name of the corporate bank. In addition, the registration of creation of a mortgage of the debtor C, which was completed in the Daegu bank.

In addition, on August 21, 2015, the establishment registration of a neighboring mortgage under the name of the Daegu Bank was cancelled, and the maximum debt amount of KRW 184 million was completed, and the establishment registration of a neighboring mortgage under Defendant A was completed.

As to the instant real estate, Defendant A entered into a mortgage agreement with Defendant B, a relative on September 4, 2015, which was the maximum debt amount of KRW 124 million, and completed the registration of creation of a neighboring mortgage as the Head of the Daegu District Court’s Branch Branch on September 4, 2015, on the ground of such agreement.

At the time of the donation contract of this case, C’s active property is KRW 216.5 million in total, including the real estate of this case, KRW 115 million in total, and the apartment housing of Daegu-gu, Daegu, which is equivalent to KRW 100,000,000, KRW 331.5 million in total, and the small property is in the corporate bank.

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