사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. C, on March 16, 201, for which the representative director of A Bank A, the gist of the Plaintiff’s assertion, was the Defendant, (i) each check [50 million won cashier’s checks (one million won or 50 million won, or 500 million won in total)] listed in the separate sheet No. 1 (hereinafter “instant one donation contract”); (ii) on March 17, 2011, as indicated in the separate sheet No. 2, “one cashier’s checks (one cashier’s checks number G)” (hereinafter “instant two donation contract”); and (iii) on March 17, 201, donated C’s 1/2 shares in the separate sheet No. 2 [1.320,00 won, one cashier’s checks number G] (hereinafter “instant donation contract”); and (iv) referred to as “each of the instant donation contracts” as “each of the instant gift contracts”).
Each of the instant donations constitutes a fraudulent act, and thus, it should be revoked, and since it is impossible to restore it to its original state, the Defendant sought compensation for the amount of KRW 1,160,00,000 [the value compensation of KRW 500,000 for the instant gift contract 500,000 for the value compensation of KRW 660,000 for the instant gift contract (= KRW 1,320,000 for 1,320,000 x 1/2] and damages for delay.
2. Determination: (a) comprehensively taking account of the entire purport of the pleadings as a result of the order to submit financial transaction information issued to the President of the National Agricultural Cooperative on August 8, 2013 and on August 22, 2013, the following facts: (b) C withdraws KRW 500 million from the bank account (Account Number: H) of the Agricultural Cooperative Federation on March 15, 201 as a check listed in attached Table 1; (c) sale of each of the above cashier’s checks on March 16, 201 to the deposit account (Account Number: I; hereinafter “the account in this case”); (c) sale of each of the above cashier’s checks on March 16, 201 to the Defendant’s National Bank Account (hereinafter “the Defendant’s account”); (d) sale of each of the above 30 square meters owned by the Seocho-gu Seoul High Court on March 24, 2010; and (e) sale of each of the above 30.3 square meters shares owned by the Seoul High Court on March 10 and 24.3.