사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found, either as a matter of dispute between the parties, or as a whole, by taking account of the whole purport of the pleadings, in each entry in Gap evidence Nos. 1 to 6, and Eul evidence Nos. 1 to 4 (including a serial number):
On December 5, 2014, the Plaintiff has a claim for delay damages from July 7, 2016 on KRW 12,822,075 and KRW 12,667,91 among them, as a result of payment by subrogation under a credit guarantee agreement made by the Defendant on December 5, 201.
B. On March 11, 2016, B completed the registration of ownership transfer on the ground of the gift agreement dated March 9, 2016 (hereinafter “instant gift agreement”) with respect to 1/2 shares of the real estate listed in the separate sheet, which was owned by the Defendant (hereinafter “instant real estate shares”).
C. After marriage on May 21, 2007, the Defendant and B filed an application for confirmation of divorce on January 4, 2016, and filed a report of divorce on April 14, 2016.
B and the defendant have Cved children.
2. The parties' assertion
A. The Defendant’s donation of the instant real estate share, which is the sole property of the Plaintiff’s assertion B, constitutes a fraudulent act, and thus, the instant donation contract should be revoked, and the Defendant has the obligation to cancel the registration of ownership transfer with respect to the said real
B. The Defendant’s assertion that the instant real estate share was donated by B is based on the division of property following divorce, and thus, the instant gift agreement is not deemed a fraudulent act, as it includes child support for children.
3. Determination
A. As to the divorce by relevant legal doctrine, it is apparent that the division of property should take into account the amount of property achieved by mutual cooperation between the parties, and other circumstances, in determining the amount and method of division of property. As such, the division of property is already in excess of the debt.
If any property is divided or otherwise, the amount of debt to be borne by the divisionalr is insolvent; and