사해행위취소에 의한 가액반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 19, 2016, the Plaintiff extended a loan of KRW 48,00,000 to B, with a claim of KRW 43,177,568 as of May 23, 2017.
B. On November 21, 2016, B entered into a contract to donate real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant gift contract”) to the Defendant (hereinafter “instant real estate”), and completed the registration of ownership transfer on February 16, 2017.
C. On February 14, 201, the instant real estate had been set up a maximum debt amount of KRW 78,000,000, and a collateral security (hereinafter “previous collateral security”) which is a debtor B and a national bank for the person holding the right to collateral security (hereinafter “previous collateral security”).
On March 2, 2017, the Defendant established the right to collateral security, which is a maximum debt amount of KRW 92,400,000, the debtor, the defendant, and the defendant Samsung Life Insurance Co., Ltd., and cancelled the previous right to collateral security on March 3, 2017.
On August 6, 1987, the defendant married with B on August 6, 1987, but the agreement was married on February 27, 2017.
E. The average trading price of the instant real estate around March 2017 is KRW 110,00,000.
The Defendant completed the registration of ownership transfer of the instant real estate to B on July 25, 2017, where the instant lawsuit is pending.
[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. The assertion and judgment
A. Since the Plaintiff’s assertion of this case constitutes a fraudulent act, it should be revoked. Since it is impossible for the Defendant to return the original property by cancelling the previous right to collateral security and establishing a new right to collateral security, it should be restored to its original state by means of compensation for value.
Therefore, the gift contract of this case shall be revoked within the limit of KRW 43,177,568 of the Plaintiff’s claim amount, and the Defendant is obligated to pay the Plaintiff the amount of compensation for damages and delay damages.
B. Division of property following a divorce 1 is a system that has the characteristics of support to the other party, in view of the nature of the liquidation of common property formed through mutual cooperation during marriage.