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(영문) 창원지방법원 마산지원 2018.11.28 2017가단102474

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C reported marriage on October 27, 201.

1. The plaintiff and C shall be divorced.

2. C pays to the Plaintiff 20,000,000 won as consolation money and 5% per annum from January 30, 2018 to April 19, 2018, and 15% per annum from the next day to the day of full payment.

3. The plaintiff's remaining claim for consolation money is dismissed.

4. C pays to the Plaintiff 278,000,000 won as division of property and 5% per annum from the day following the day when this judgment became final and conclusive to the day of complete payment.

B. On April 29, 2018, the Plaintiff filed a lawsuit against C on divorce, division of property, etc. with the Changwon District Court 2017Dhap10214, and was sentenced to the following judgment from the above court. The Plaintiff and C appealed against the above judgment with the Busan High Court 2018Reu1286, and are currently in the appellate trial.

C. On May 4, 2017, C completed the registration of ownership transfer for the real estate stated in the purport of the claim (hereinafter “instant real estate”) to the Defendant on the same day (hereinafter “instant sales contract”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 6, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The Plaintiff’s assertion C sold the instant real estate to the Defendant in excess of debt, which constitutes a fraudulent act detrimental to the obligees, including the Plaintiff, and thus, should be revoked.

B. “Fraud act” subject to the obligee’s right of revocation under Article 406 of the Civil Act refers to an act detrimental to the obligee by reducing the obligor’s active property or increasing his/her negative property, thereby passing over the obligor’s status or deepening the obligor’s status of excess of the obligation

In addition, the issue of whether the obligor is in excess of the obligation should be determined at the time of the fraudulent act.

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