사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 29, 2010, Busan Savings Bank Co., Ltd. extended a loan of KRW 7 billion to C on January 29, 2015 (hereinafter “instant loan”). < Amended by Act No. 13635, Jan. 29, 2015>
B. C lost the benefit of July 29, 2010 because it was impossible to repay the principal and interest of this case.
C. In excess of the debt, C transferred KRW 191 million from the Busan Gyeong-do milk cooperative account under the name of the Defendant A to the Busan Gyeong-do milk cooperative account (Divorce around February 2015) (hereinafter “instant transfer”); ② on February 19, 2011, from the national bank account under one’s name, the amount of KRW 30 million from the Busan Gyeong-do milk cooperative account under one’s name to the Busan Gyeong-do milk cooperative account under the name of the Defendant B (D). The amount of KRW 1 million was transferred from the Busan Gyeong-do milk cooperative account under one’s name to the Busan Gyeong-do milk cooperative account under one’s name.
(hereinafter referred to as “Transfer 2 of this case”) Remittance from February 19, 201
D. The Busan Savings Bank was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as the bankruptcy trustee.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings
2. The parties' assertion that the transfer of this case to the account in the name of Defendant A, his wife, and Defendant B, his wife, in insolvency, constitutes a gift contract which constitutes a fraudulent act against the plaintiff, and accordingly, the plaintiff asserts that the contract of donation is revoked and the return of the value is sought as restitution.
As to this, the Defendants asserted that the amount of each remittance of this case is not donated, but that the amount of remittance is currently managed by C.
3. If the obligor wishes to have concluded a donation contract with respect to the money remitted to another person’s deposit account, the money remitted as such between the obligor and another person, first of all, shall be objectively.