사해행위취소 등
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 29, 2009, the Plaintiff filed a lawsuit claiming the amount of reimbursement against B (Seoul District Court Decision 2009Da33108) and rendered a judgment ordering the payment of KRW 342,98,252 on September 29, 2009, and this became final and conclusive as it is.
B. Meanwhile, on February 3, 2015, the Defendant, the spouse of B, entered into a sales contract with E, the owner of the non-city C Apartment D (hereinafter “instant apartment”) with the purchase price of KRW 145 million, and completed the procedure for the registration of ownership transfer on March 27, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On March 27, 2015, the Plaintiff’s assertion B, while insolvent, donated KRW 85 million to the Defendant as the purchase price of the instant apartment, which constitutes a fraudulent act against the Plaintiff, and thus, sought revocation of the gift agreement between B and the Defendant and payment of KRW 85 million as the equivalent compensation and damages for delay against the Defendant.
B. The fact that the Defendant acquired the instant apartment after the establishment of the claim for reimbursement against the Plaintiff’s claim for reimbursement against the Defendant and the Defendant were legally married. However, such circumstance alone is insufficient to deem that B donated the Defendant with the purchase price of KRW 85 million to the Defendant, and there is no other evidence to acknowledge this.
Rather, according to the results of Gap evidence 2, Eul evidence 4 through 9, and the order to submit financial transaction information to the F Bank, the defendant was holding 40 million won of the lease deposit return claim about his/her residence at the time of the purchase of the above apartment, and on February 3, 2015, the date of the payment of the down payment, the G Association borrowed KRW 10 million from the G Association and paid to the seller. On March 26, 2015, the remainder of the payment date, borrowed KRW 14.8 million from the G Association and withdrawn the deposit amount of KRW 65 million from the H Bank on March 27, 2015.