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(영문) 춘천지방법원 2016.02.02 2015가단4989
사해행위취소
Text

1. As to real estate listed in the separate sheet

A. A donation contract concluded on January 27, 201 between the Defendant and B.

Reasons

1. Facts of recognition;

A. During the lawsuit of damages claim filed by Seoul High Court (Seoul High Court) No. 2006Na31377, Seoul High Court (Seoul High Court 2006Na31377), the decision of recommending reconciliation was finalized to the effect that “B, etc. shall pay c, D, E, and 18,849,200 won respectively, C and 1,500,000 won respectively, and damages for delay.”

B. On August 26, 2010, the Plaintiff received the claim based on the ruling of recommending the settlement from the Korea Credit Union against B, etc. on August 26, 2010, filed a lawsuit against B, etc. for the interruption of the extinctive prescription of the above claim, and received a judgment from the above court on July 4, 2013 that “Defendant B, as to KRW 3,839,58, and KRW 1,500,000,00,000 from C, D, F, and each of them, KRW 48,248,787, and KRW 18,849,200,00 per annum from October 11, 2012 to the day of full payment, respectively, and the above judgment became final and conclusive on August 17, 2013.”

C. Meanwhile, on January 14, 2011, B entered into a gift agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 21, 2010, under which the registration of ownership transfer was completed, and on January 27, 2011, B (hereinafter “instant gift agreement”) donated the said real estate, which is the only real estate owned by the Defendant, who is one of his/her spouse, to the Defendant, on January 27, 201. On January 28, 2011, B completed the registration of ownership transfer on the ground of the said donation under the receipt by the Chuncheon District Court No. 5369, Jan. 28, 2011.

B completed the registration of the transfer of ownership regarding the instant real estate on January 14, 201, with the maximum debt amount of KRW 45,500,000, the debtor B, and Korean bank, Inc., a corporation holding the right to collateral security. The Defendant changed the debtor to the defendant on February 21, 201, which was donated the instant real estate from B, on the ground of a contract acceptance.

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