beta
(영문) 창원지방법원거창지원 2015.11.03 2015가단10634

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to B as of June 26, 2015, the Plaintiff has a total of KRW 21,882,880 as to B.

B. Meanwhile, on August 18, 2014, B donated each of the instant real estate to the Defendant, who is the wife (hereinafter “instant gift”), and completed the registration of ownership transfer under the Changwon District Court Joint Registry No. 10763 on August 19, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, and 7, the purport of the whole pleading

2. The Plaintiff asserted that “the instant gift constitutes a fraudulent act detrimental to the status of the general creditor in the same manner as the Plaintiff,” and sought cancellation of the said gift contract and cancellation of the ownership transfer registration completed under the name of the Defendant on each real estate of this case, but there is no evidence to support that the instant gift was in excess of the obligation at the time of the instant donation, and therefore, the Plaintiff’s claim is without merit without any need to further examine.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.