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(영문) 부산지방법원동부지원 2016.02.05 2015가단212055

사해행위취소

Text

1. The contract of donation concluded on January 16, 2015 between the Defendant and B shall be revoked.

2...

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1, 2, 3, 7, 8, and 9, the plaintiff loaned KRW 8,000,000 to the defendant's son on January 9, 2015 to the defendant's son as the maturity date of payment of KRW 34.8% per annum of interest and interest interest, and the interest payment date as the 25th day of each month. However, Eul did not fully pay the principal and interest, Eul donated real estate as the only property list to the defendant on January 16, 2015, which is the mother of the above one week after the loan, and completed the registration of transfer of ownership on the same day, Eul obtained a loan of KRW 50 million from seven enterprises as of January 1, 2015, and all of it should be revoked from the loan company to the defendant on January 9, 2020, and the defendant can be recognized as the defendant's obligation to reinstate the above general creditor on the above real estate.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant purchased the above real estate on October 22, 1998 and completed the registration of ownership transfer in the form of sale to B on December 12, 2012, but it is merely a temporary title trust with the defendant's request to increase the credit rating of B, so that the defendant can obtain a loan, and thus, the above real estate is not general property B. Thus, the defendant's restoration of the above real estate which was trusted in trust from B on January 16, 2015 does not constitute a fraudulent act against the general creditors.

B. 1. The term "title trust agreement" means that a person who holds or is to acquire, in fact, any ownership or other real rights to real estate holds or is to acquire, any real right to real estate internally between another person and another person.