유일한 부동산을 증여한 행위는 사해행위에 해당함[국승]
Daejeon District Court-2013-Ga group-210258 ( October 23, 2014)
act of donation of only real property constitutes a fraudulent act
The defendant's transfer of the only real estate owned by him in excess of his liabilities in the name of his parent shall constitute a fraudulent act.
§ 406. Right of revocation by Creditor
2017Na10091 Revocation of Fraudulent Act
Korea
○ ○
June 5, 2014
June 26, 2014
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
The agreement on the gift of June 22, 2009 between the defendant and the non-party Aa with respect to the real estate stated in the separate sheet shall be revoked within the limit of 00 won. The defendant shall pay to the plaintiff 5% interest per annum from the day following the day when the judgment of 00 won and the first instance is finalized to the day of full payment.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The court's reasoning for this case is that "the head of ○○ Tax Office added "the second 10th 10th 10th 'the second 10th 'the second 12th 'the second 'the 15th 'the 12th 'the 13th 'the 13th ''', "the second ' the 13th 'the 13th ''," "the 5th 3th 'the 5th 'the 5th ' the 3th ' the 2,511,381,10', " the 6th 4th ' the 12th 'the 12th 'the 12th 'the 6th 'the 12th 'the 12th 'the 10th 'the 6th 'the 5th 'the 10th 'the 10th 'the 3th 'the 4th ''the 6th '' the 1' decision'.
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.