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(영문) 대구지방법원 2018.02.07 2017가단114167
사해행위취소
Text

1. The gift contract concluded on January 12, 2016 between the defendant and the non-party B on the real estate stated in the separate sheet between the defendant and the non-party B is 4,920.

Reasons

1. Facts of recognition;

A. On October 23, 2013, the Plaintiff lent KRW 14,000,00 to B, and on March 31, 2017, the principal and interest unpaid as of March 31, 2017 are KRW 4,920,214.

B. On January 14, 2016, B completed the registration of ownership transfer on the ground of donation with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the Defendant, who is the mother, as the mother, as the only property (50,80,000 won acquisition value).

C. On January 26, 2016, the Defendant created a right to collateral security of KRW 36,000,000 for the instant real property in the name of the relevant agricultural cooperative, i.e., the maximum debt amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above findings of the determination, transferring the instant real estate, which is the only property of B, in excess of the debt, to the Defendant should be revoked as a fraudulent act detrimental to the Plaintiff, who is the creditor, unless there are special circumstances.

Meanwhile, since the Defendant’s acquisition of the instant real property and establishment of a collateral security to a third party to return the original property could not achieve the objective of revocation of fraudulent act, the said fraudulent act may be revoked within the scope of KRW 4,920,214, which is the amount of the Plaintiff’s claim against B, and the Defendant paid the said amount to the Plaintiff as compensation for value.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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