사해행위취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether the period of exclusion from the exercise of the obligee's right to revoke: The following year for which an illegal C made a provisional disposition of prohibition against disposal of the instant land by Sungwon District Court Decision 2010Kadan512 around February 2010:
6. From around 23, a copy of a complaint filed against the Plaintiff, B, etc., seeking the cancellation of ownership transfer registration filed by the court No. 2010 to 24442, accompanied by a certified copy of the register stating the fact that the title of ownership of the instant land was transferred to the Defendant for the reason of donation. The mere fact that the Plaintiff was served around July 2010, the Plaintiff cannot be deemed to have known that the instant land was disposed of to the Defendant and that the act constituted a fraudulent act detrimental to the creditor’s joint security.
2. On the premise that the Plaintiff, as of February 22, 2010 and the following, had a claim equivalent to the amount of the obligation to pay service fees of KRW 223,895,819 against the Jungdong Accounting Corporation in accordance with each service agreement (related to preparation for and response to tax investigations) dated October 13, 2010, the Plaintiff may become a preserved claim for the exercise of the obligee’s right of revocation against the gift contract of KRW 223,895,819 entered into between the Plaintiff and the Defendant: Whether the said claim may be a preserved claim for the exercise of the obligee’s right of revocation against the gift contract of March 14, 20
A. In principle, it is required that a claim that can be protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, ① at the time of the fraudulent act, there has already been legal relations that serve as the basis for the establishment of the claim, ② it is highly probable to the effect that the claim has been established by the near future legal relations, ③ in the event that the probability is realized in the near future, and a claim has been created by the realization of the probability, the claim may also be the preserved claim
Supreme Court Decision 201Da76426 Decided February 23, 2012, Supreme Court Decision 2007Da21245 Decided July 15, 2010, Supreme Court Decision 95Da27905 Decided November 28, 1995.