사해행위취소
1. The contract of donation concluded on January 28, 2016 between the defendant and C shall be revoked.
1. Basic facts
A. C, in collusion with D, etc. on October 2, 2006, by means of G from the F Office located in the 8th floor of Yeongdeungpo-gu Seoul Metropolitan E-building on October 2, 2006, H, the actual operator of the Plaintiff through G, “the Plaintiff, who was affiliated with the Korea Earth and Arts Association and the Korea STRC Technology Association, shall be ordered to undertake construction works at the latest within four months at the latest at the time of the commencement of construction works.” The remainder of the expenses of the Association, by deceiving the Plaintiff to the effect that “the Plaintiff is within the time of commencement of the construction works,” which received KRW 100 million from the Plaintiff as the down payment as the down payment to the Korea Earth and sand Tunnels Technology Association, and KRW 10 million as the down payment as the down payment to the Korea STRC Technology Association on December 28, 2006, and KRW 200 million as the part payments as the part payments to the Association.
C et al. were convicted on January 28, 2016 due to the above criminal facts.
(Seoul Central District Court 2013Gohap825, Seoul High Court 2015No644, Supreme Court 2015Do15517).
On March 30, 2016, the Plaintiff filed a lawsuit against C, etc. to compensate for damages of KRW 400 million acquired through deception as above by the Gwangju District Court Maritime Court 2015Gahap3468, and was sentenced to the judgment that “C, etc. jointly pay to the Plaintiff KRW 400 million and delay damages therefor” (hereinafter “instant judgment”), and the said judgment became final and conclusive on April 20, 2016.
C. On May 13, 1993, C completed the registration of ownership transfer with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On January 28, 2016, C entered into a donation contract with the Defendant, who is his spouse, on each of the instant real estate (hereinafter “instant donation contract”). On February 1, 2016, C completed the registration of ownership transfer (hereinafter “instant ownership transfer”) with the Seoul Northern District Court registration office as the receipt of No. 8235 on February 1, 2016.
At the time of conclusion of the gift contract of this case, each of the instant real estate was the only property C.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including paper numbers), respectively.