사해행위취소 등
1. As to real estate listed in the separate sheet:
A. The Defendant and C cancel the gift agreement concluded on July 21, 2015, and B.
1. Facts of recognition;
A. The Plaintiff’s D, June 26, 2008, KRW 15,000,000, and the same year
7.1. 35,00,000 each lent each of them.
B. On July 1, 2008, D prepared and issued a loan certificate with the maturity of KRW 50,000,000 in total to the Plaintiff on October 30, 2008, and C signed the said loan certificate as a joint guarantor.
C. On May 12, 2015, the Plaintiff who was not able to repay the said money filed a lawsuit against D and C, etc. with this court. On August 10, 2016, this court rendered a judgment with the purport that “D, C, etc. jointly and severally pay 50,000,000 won and damages for delay, etc.,” and the said judgment became final and conclusive on September 27, 2016.
On July 21, 2015, after the filing of the suit, C entered into a gift contract with the Defendant, his/her spouse (hereinafter “instant donation contract”) with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant apartment”) on July 21, 2015, and completed the registration of transfer of ownership by the receipt of the all-round indictment of the court on the 28th day of the same month.
[Judgment of the court below] The plaintiff's ground of appeal Nos. 1, 2, and 3
2. According to the above facts of determination as to the cause of claim, as to the apartment of this case, C in insolvent entered into the gift contract of this case with the defendant and completed the registration of ownership transfer in the future of the defendant. Unless there are special circumstances, the gift contract of this case constitutes fraudulent act in relation to the plaintiff who is the creditor, and the defendant's bad faith is presumed to be the beneficiary.
Therefore, the gift contract of this case should be revoked as a fraudulent act, and the defendant is obligated to implement C the procedure for cancellation registration of ownership transfer registration.
3. Judgment on the defendant's assertion
A. The Defendant is only the date of September 27, 2016, on which the Plaintiff’s right of revocation of obligee’s right of revocation, asserted by the Plaintiff, became final and conclusive.