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(영문) 서울서부지방법원 2017.08.25 2016가단246605
사해행위취소
Text

1. The plaintiff's selective claim of this case is dismissed.

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

Reasons

1. Basic facts

A. C (Representative Director D) was granted loans from the Industrial Bank of Korea and was issued with the following credit guarantee certificates as follows.

EF G

B. D has been divorced from D under the above credit guarantee agreement, but currently living together with D, up to 618 million won in the agreement above 2, and jointly and severally guaranteed the above three agreed debt amount.

C. C was handled by the party branch on January 25, 2013, and the Plaintiff was ordered to pay KRW 446,182,662 to the Plaintiff with the payment order issued by this court No. 2013j4326 and delay damages. The above payment order became final and conclusive upon the Plaintiff.

The defendant is D and B's children as the birth in 1984.

E. On December 28, 2012, the Defendant completed the registration of ownership transfer with regard to H apartment Nos. 121299, Yeonsu-gu Incheon District Court No. 104-dong 403 (hereinafter “instant apartment”) on November 12, 2012, with regard to the sale and purchase of H apartment Nos. 104-dong 403 (hereinafter “instant apartment”). On the same day, the Defendant completed the registration of ownership transfer with regard to the right to collateral security, Samsung Life Insurance, and the maximum debt amount of KRW 240 million.

F. B, under Article 121522 of the Incheon District Court’s receipt of the registration office of the Incheon District Court on December 28, 2012, as to the registration of the establishment of a mortgage over the amount of KRW 340 million in the name of the owner J, and the registration of the establishment of a mortgage over the amount of KRW 300 million in the total amount of KRW 10 million on November 9, 2012. On January 3, 2013, B cancelled the registration of the establishment of a mortgage over the amount of KRW 100 million on December 28, 2012.

[Ground of recognition] Unstrifed Parts, Gap 1 to 6

2. The Plaintiff asserts that, as the Plaintiff’s selective claim is a fraudulent act, B’s donation of money necessary to purchase the apartment of this case to the Defendant with an I apartment sale fund, etc., which is one of its sole property, the Plaintiff’s selective claim is that: (a) revocation of the donation made on November 12, 2012, and payment of KRW 182 million after deducting KRW 200 million (the maximum bond amount of KRW 240 million) from the purchase price of the apartment of this case, should be made.

In electively, the above donation will be made.

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