beta
(영문) 대구지방법원 2017.04.25 2016가단118896

사해행위취소

Text

1. The plaintiff of 1/2 shares among the real estate indicated in the attached Form No. C between the defendant and C shall indicate the attached real estate.

Reasons

1. Facts recognized;

A. On May 23, 2007, the Plaintiff’s claim for judgment against C was sentenced to the following judgment on May 23, 2007 in the loans rendered by Changwon District Court 2006Kadan857, which became final and conclusive on July 6, 2007.

C shall pay to the Plaintiff 43,00,000 won and 36% interest per annum from January 18, 1997 to the day of complete payment.

B. C’s real estate donation 1) The Defendant completed the marriage report with C on May 20, 2009. (2) The Defendant and C concluded a sales contract under the joint name on April 5, 2012 with the KCA and the KCA and the KCA and completed the registration of ownership transfer as to each of the following 1/2 shares, which paid the total purchase price of KRW 229,804,000,000, in total, on May 10, 2012.

3) The 1/2 shares of the instant apartment was the only real estate owned by C. 4) However, on August 2, 2016, C completed the registration of ownership transfer based on donation with respect to the 1/2 shares of the instant apartment, and currently, the instant apartment became the sole ownership of the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, 4, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The intention to commit fraudulent acts and to injure himself;

A. According to the above facts, at the time of donation of 1/2 shares among the apartment of this case between the defendant and C, the plaintiff had the above judgment amount claim against C, and thus the above judgment amount claim can be a preserved claim against revocation of fraudulent act.

B. In addition, the apartment of this case should be provided to C’s creditors, including the plaintiff, as joint collateral, and the act of donation of 1/2 shares among the apartment of this case, which is the only real estate C, to the defendant constitutes a fraudulent act against C’s general creditor.

C. C The Plaintiff, a general creditor, at the time of donation to the Defendant of the share of 1/2 of the instant apartment.