사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Gyeonggi Savings Bank Co., Ltd. (hereinafter referred to as the “Game Savings Bank”) extended loans to Co., Ltd. (hereinafter referred to as “C”), ① KRW 8 billion on March 5, 2008, ② KRW 25 billion on June 19, 2008, respectively.
B on March 5, 2009, with the maximum guarantee limit of KRW 11.235 billion, and ② the maximum limit of collateral guarantee amount of KRW 4.95 billion on June 19, 2009, each C jointly and severally guaranteed to the Gyeonggi Savings Bank all obligations arising from bill loans, deed loans, and other credit transactions.
B on September 17, 2012, from one bank account, deposited KRW 21 million as a check, and the check was deposited into the Agricultural Cooperative account (Account Number: D; hereinafter “instant account”) in the name of the Defendant, the wife of B on the same day.
On July 1, 2013, the Gyeonggi Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap88, and the plaintiff was appointed as the trustee in bankruptcy on the same day.
[Ground of recognition] The plaintiff's assertion that Gap's evidence Nos. 1, 2, 4, 8, and 9 (including the number of pages; hereinafter the same shall apply) did not dispute, Gap's assertion that the whole purport of the pleading was to deposit KRW 21 billion in the account of this case under the name of the defendant who is his wife.
The right to the account in this case opened after undergoing the real name verification procedure pursuant to the Act on Real Name Financial Transactions and Confidentiality shall be vested in the defendant who is the nominal owner.
B The above deposit is a donation to the defendant.
B donated KRW 21 million to the Defendant, even though there is a insolvency such as bearing a maximum amount of guarantee liability to the Gyeonggi Savings Bank.
The gift act shall be revoked as a fraudulent act detrimental to the creditors of the Gyeonggi Savings Bank, etc., and the defendant shall be obligated to refund the above KRW 21 billion to the plaintiff and its delay damages.
The defendant's assertion B opened the account of this case by lending the name of the defendant from the defendant and directly opened the account of 21 billion won deposited in the above account.