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(영문) 서울중앙지방법원 2018.08.23 2017가단5182296

사해행위취소

Text

1. A donation contract concluded on March 5, 2014 between the Defendant and B regarding the real estate listed in the separate list of paragraphs 1 through 4.

Reasons

1. Basic facts

A. B obtained a loan of KRW 10,000,00 from the Korea Saemaul Depository on December 12, 1998, and lost the benefit of time due to the Plaintiff’s failure to repay it. On June 28, 2013, the Plaintiff acquired the above loan claim from the Korea Saemaul Community Depository on June 28, 2013, and received a delegation of the authority to notify the transfer from the Korea Saemaul Community Depository on June 23, 2014, and sent the above assignment to B by way of content-certified mail.

B. B completed the registration of transfer of ownership as the receipt of No. 6833, May 2, 2014 with respect to the real estate listed in the separate sheet No. 1 to 4, which is its sole property, on the ground of donation on March 5, 2014, as the Daegu District Court receipt No. 6554 on April 29, 2014, and as to the real estate listed in the separate sheet No. 5 on April 29, 2014, on the ground of donation on April 29, 2014.

(hereinafter referred to as “each real estate of this case”) C.

The sum of the principal and interest of the Plaintiff’s loans against B is KRW 37,145,523 as of September 9, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including a tentative number)

2. Whether the fraudulent act is constituted;

A. According to the above, B bears the obligation of loans against the Plaintiff at the time of donation of each of the instant real estate to the Defendant, and thus, the Plaintiff’s claim against B may be the preserved claim of the obligee’s right of revocation.

In addition, the defendant does not clearly dispute the excess of the obligation of B, and the act that the debtor, who is not in a state of excess of the obligation, sells real estate, which is the only property of his own, and alters the sale of real estate into money which is easily consumed, constitutes a fraudulent act against the creditor, barring any special circumstances, and in such a case, the debtor's intent is presumed to be dead (see, e.g., Supreme Court Decision 2008Da84458, May 14, 2009). Thus, the act that

(b).