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(영문) 수원지방법원성남지원 2020.11.11 2020가단5319
사해행위취소
Text

Attached Form

With respect to real property listed in the list:

A. A donation contract concluded on April 7, 2019 between the Defendant and Nonparty D.

Reasons

1. Facts of recognition;

A. On June 22, 2018, the Plaintiff extended a credit loan of KRW 14 million to D on June 22, 2018. According to the above loan agreement, the interest rate on the loan principal is 19.9% per annum (interest rate of 22.9% per annum) and the repayment method is decided to repay the principal and interest in equal installments on the five day per month. However, D was decided to pay the principal and interest in equal installments on September 5, 2019 and lost its interest as of October 6, 2019. 2) The Plaintiff, based on the above loan agreement, extended a loan of KRW 11,742,293, total amount of principal and interest of KRW 1,678,956, total amount of interest of KRW 13,421,249, KRW 1174,294, KRW 293, KRW 1965, KRW 9656).

B. D’s disposal act D entered into a donation agreement with the Defendant, his mother on April 7, 2019 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by it (hereinafter “instant donation agreement”), and completed the registration of ownership transfer in the Defendant’s future on April 8, 2019 due to the instant donation agreement as described in paragraph (b) of Section 1 of the Disposition.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including branch numbers in case of additional number), fact inquiry results against the Minister of Land, Infrastructure and Transport, the purport of the whole pleadings

2. In principle, it is required that a claim protected by the obligee's right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of a fraudulent act, there is a high probability that there has already been a legal relationship that serves as the basis of the establishment of a claim, and that a claim should be established in the near future in the near future, and where a claim has been established because its probability has been realized in the near future, the claim can also be the preserved claim of the obligee's right of revocation. According to the above facts, a loan agreement was already concluded between the Plaintiff and D, and D entered into the gift contract of this case.

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