사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court's explanation concerning this case are as follows: "C and the defendant are married couple" in the last sentence of the third judgment of the court of the first instance, and "A's creditors' registration of establishment of a neighboring real estate, seizure, provisional seizure, etc. prior to the donation of this case are cancelled after the completion of the registration of establishment of a neighboring real estate, seizure, provisional seizure registration, etc." shall be added to "A's creditors prior to the donation of this case" in the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the court of the first instance, except for adding the following judgments between the fourth 1
However, at the time of the fraudulent act, there is a high probability that there is a legal relationship which already serves as the basis of the establishment of the claim, and that the claim is to be established in the near future, and in the near future, the claim may also become the preserved claim of the obligee's right of revocation in the near future.
However, at the time of the instant donation, C entered into a sales contract for selling No. 102 of the instant housing and claimed payment of the purchase price to the Plaintiff. The first mentioned issue after the end of May 2009 is as seen earlier. Therefore, it cannot be deemed that there was a high probability that the Plaintiff’s claim for the return of the purchase price could have occurred in the near future at the time of the instant donation.
2. Accordingly, the Plaintiff’s appeal is dismissed as it is without merit. It is so decided as per Disposition.