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(영문) 서울남부지방법원 2016.05.03 2015가단232945

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As indicated in the grounds for the Plaintiff’s assertion, the Plaintiff’s act of each gift to the Defendant, who is his spouse, as stated in the attached Form No. B, holding a claim against B, constitutes a fraudulent act, and thus, should be revoked. The Defendant is liable to pay the Plaintiff the amount of KRW 34,939,910 as compensation for the value following the revocation of the fraudulent act, and damages for delay.

2. In light of the reasoning of the judgment, Gap evidence No. 2, alone, it is not sufficient to find that Eul committed a fraudulent act by making each gift as stated in the separate sheet of gift act to the defendant, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

[In accordance with each of the evidence Nos. 1 through 6 (including the paper numbers) of Eul, each remitted money that the defendant received by the defendant, as stated in the separate sheet No. 1 to 6 (including the paper numbers), is deemed to have sold real estate owned by the defendant to C Co., Ltd., or to have received insurance money as a beneficiary, or to have received insurance money as a beneficiary's status, or to have received living expenses according to the support obligation between husband and wife from B. Thus, the plaintiff's claim of this case is dismissed as it is decided as per Disposition.