사해행위취소
1. The part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and the plaintiff's claim on the principal lawsuit is dismissed;
2...
1. Basic facts
A. On August 16, 2012, the Plaintiff (1921) filed a judgment on the support allowance with the Seoul Family Court 2012 saw-Ma7202, the Seoul Family Court, and on December 4, 2012, the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 300,000 per month from August 24, 2012 to the time of the Plaintiff’s death” (hereinafter “instant judgment”).
On May 15, 2013, although C filed an appeal with the Seoul Family Court No. 2013B4, the appeal was dismissed on May 15, 2013, and the instant judgment became final and conclusive on June 5, 2013.
B. On October 10, 2012, C, while the instant judgment was pending, donated 330 square meters of F forest land in Jinjin-si to E (hereinafter “F forest”) and completed the registration of ownership transfer on October 11, 2012.
In addition, on October 10, 2012, as of the date of donation of F forest land, C donated real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant, who is the wife on October 10, 2012, and completed the registration of transfer of ownership on October 11, 2012 by the Seoul Northern District Court’s receipt of the Dongdaemun Branch’s Seoul Northern District Court’s receipt of 32730.
C. C does not pay the support fees to the Plaintiff according to the instant judgment. For the convenience of calculation on June 23, 2016, the date from August 24, 2012, which was the date when the Plaintiff’s claim for the support fees to C pursuant to the instant judgment was commenced, was based on June 23, 2016, which was close to the date when the pleadings in the instant trial were concluded.
Based on the basis of C, the unpaid support allowance is 14.1 million won (=300,000 won x 47 months).
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7, Gap's 9-1, 2, and 10, and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion C, around October 10, 2012, donated the instant apartment that is the only property of the Defendant, to the Defendant, around October 10, 2012, in order to evade compulsory execution based on the Plaintiff’s claim for support fees. As such, the instant donation is the Plaintiff, a creditor of C.