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(영문) 창원지방법원통영지원 2015.03.27 2014가단7680

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. On April 16, 2014, the Plaintiff received the assignment of claims against Hyundai Card Co., Ltd., and around that time, notified the assignment of claims to B, and the obligations against Hyundai Card Co., Ltd. as of June 18, 2014 remains in KRW 67,105,942.

B. On February 12, 2014, B completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) to the Defendant on the ground of a sales contract for the same day (hereinafter “instant sales contract”) issued by the High Court of Changwon District No. 2758, which was received by the High Court of Changwon District, as to the E apartment Nos. 502 (hereinafter “instant real estate”).

C. The defendant is the child of B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) sold the instant real estate, which is its sole property, to the Defendant, constitutes a fraudulent act detrimental to the obligee.

Therefore, the sales contract of this case shall be revoked, and the transfer of ownership of this case shall be cancelled due to its restitution.

(2) The Defendant’s assertion that the instant real estate was originally purchased by the Defendant, but is merely a title trust to B, her mother.

Therefore, the instant sales contract does not constitute a fraudulent act.

B. (1) In a case where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) is applied to real estate and the registration of ownership transfer is null and void, such real estate is not owned by the debtor, and thus, it cannot be deemed that it is a responsible property provided to the debtor’s general creditors’ joint security, and even if the debtor entered into a sales contract with a third party on the said real estate and completed the registration of ownership transfer to that third party, the debtor