beta
(영문) 수원지방법원여주지원 2017.11.30 2017가단50725

사해행위취소

Text

1. Defendant B’s 20,000,000 won and the interest rate of 15% per annum from September 10, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 2, 2015, the Plaintiff lent KRW 20 million to Defendant B, and the said Defendant was urged by the Plaintiff to repay the said borrowed amount from July 2015, but did not repay the said borrowed amount.

B. As to the land of this case (hereinafter “the instant land”), Defendant B entered into a donation contract on December 28, 2016 with Defendant C, the same resident, (hereinafter “the instant donation contract”) on the basis of the following: (a) on January 4, 2017, Defendant B completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) under the receipt registration office of Sungcheon District Court of Chuncheon on January 4, 2017, under the title of Article 66 with the receipt registration office of Gosung-gun (hereinafter “the instant registration of ownership”).

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 4 and the purport of the whole pleadings]

2. According to the facts of the determination as to the Plaintiff’s claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 20 million borrowed from the loan and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 10, 2017 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.

3. Determination as to the Plaintiff’s claim against Defendant C

A. 1) Speculative act refers to an act that causes a decrease in the debtor's responsible property, that is, an act that makes it impossible to fully satisfy the general creditors' claims due to a decrease in the debtor's responsible property due to a decrease in the debtor's property's disposal of property or a lack of joint security that has already been insufficient. 2) According to the above facts of recognition, Defendant C entered into the donation contract of this case with the above defendant C as to the land of this case, which is the only property under the condition that Defendant B bears the loan obligation against the plaintiff, and completed the registration of transfer of ownership of this case to the above defendant, barring any special circumstance, the above act is no liable property against the defendant B.