사해행위취소
1. The part concerning the conjunctive claim in the instant lawsuit shall be dismissed.
2. The plaintiff's main claim is dismissed.
3...
1. Basic facts
A. On June 7, 2011, the Plaintiff filed a lawsuit against C seeking restitution of unjust enrichment with Daegu District Court 2009 Gohap 7506, and the said court rendered a judgment that “C has rendered payment of KRW 129,245,44 to the Plaintiff.” Although C appealed appealed with the Daegu High Court 201Na4002, it was sentenced to dismissal on December 23, 201, the said judgment became final and conclusive on January 18, 2012.
B. C (C) around September 13, 2012, after the above judgment became final and conclusive, donated each real estate listed in the separate sheet 1 and 2 to the Defendant, who is his/her father, and completed the registration of transfer of ownership under the Daegu District Court’s Youngcheon Registry No. 30094 on the same day, donated each real estate listed in the separate sheet 3 around July 3, 2013 to the Defendant, and the same month.
5. The Daegu District Court completed the registration of ownership transfer under No. 19012.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. Judgment on the main claim
A. The Plaintiff’s assertion is a fraudulent act where C, who was insolvent, is liable to return unjust enrichment against the Plaintiff, and as such, donated real estate indicated in the separate sheet 1 and 2 to the Defendant, his/her dependent on September 13, 2012. Therefore, the above donation contract should be revoked. As such, the Defendant is obligated to implement each procedure for cancellation of ownership transfer registration stated in the purport of the claim for restitution to its original state.
B. 1) In order to become a fraudulent act, the debtor's act of disposing of his/her assets shall cause a decrease in the debtor's total assets and thus, the debtor's joint security of claims shall not be sufficient. In other words, the debtor's small assets shall be more than active assets, and the debtor's insolvency shall be determined at the time of his/her fraudulent act (see, e.g., Supreme Court Decision 2009Da47852, Oct. 29, 2009) as a whole by taking into account each of the statements in subparagraphs 1 through 12 (including various numbers). < Amended by Act No. 11403, Sep. 13, 2012>