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(영문) 수원지방법원여주지원 2019.05.22 2019가단50774

사해행위취소

Text

1. With respect to 335 square meters in Gyeonggi-do E-gun:

A. A sales contract concluded on November 2, 2014 between Defendant B and D is concluded.

Reasons

1. Facts of recognition;

A.D stolen F’s cash, etc. on January 11, 2010, and the Plaintiff paid 42,112,450 won insurance money to F in accordance with an insurance contract on January 31, 2011.

On June 23, 2014, the Plaintiff filed a lawsuit against D for the claim for indemnity payment due to the payment of the above insurance proceeds (hereinafter “related cases”), and D on October 27, 2015, paid KRW 12,575,705 to the Plaintiff in the related cases.

B. D completed the registration of ownership transfer on November 1, 2013, with respect to the Gyeonggi-gu E large scale of 335 square meters (hereinafter “instant land”).

As to the instant land, on January 9, 2014, the establishment registration of a mortgage (hereinafter “instant establishment registration”) was completed on the ground of a contract to establish a mortgage (hereinafter “instant contract”) between Suwon District Court and Suwon District Court on the ground of (i) No. 1357, Jan. 9, 2014; (ii) the establishment registration of a mortgage of KRW 100,000 (hereinafter “instant establishment registration”); and (iii) on the ground of sale on November 2, 2014 (hereinafter “instant sales contract”); (iv) the ownership transfer registration under the name of the Defendant B (hereinafter “instant transfer registration”) was completed on November 3, 2014 as the date of receipt on November 3, 2014.

C. Defendant D’s punishment is Defendant B’s punishment, and Defendant C is Defendant B’s wife.

D has been insolvent since 2014 until now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3 (including virtual number), the purport of the whole pleadings

2. The occurrence of the right to revoke the fraudulent act;

A. According to the fact of recognition under paragraph (1), the pertinent case was filed on June 23, 2014, but the Plaintiff’s claim for reimbursement against D was already incurred prior to the instant contract and sales contract by paying insurance money to F on January 31, 2011, and thus, the obligee’s right of revocation becomes the preserved claim.

D, which was in excess of the obligation, concluded the instant contract and the sales contract with respect to the instant land, which is one’s active property, respectively, and thereafter, becomes the Defendants.