beta
(영문) 서울중앙지방법원 2020.01.10 2019가합510002

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff is the father of C, and the Defendant was married with C on November 25, 2010, and was married with C on May 8, 2018.

B. On September 26, 2012, the Plaintiff entered into a donation agreement with C on the building and land listed in the separate sheet No. 2 attached hereto (hereinafter “instant donation agreement”) with C on September 26, 2012. On September 27, 2012, the Plaintiff completed the registration of ownership transfer in the name of C with respect to each of the instant sold real estate on September 27, 2012.

C. C, the title holder of the real estate listed in the attached Table 1 list between C and the Defendant, as to the real estate listed in the attached Table 1 list (hereinafter “instant apartment”), entered into a title trust agreement with the Defendant on the instant apartment, and completed the registration of ownership transfer in the name of the Defendant (hereinafter “instant apartment ownership transfer”) on August 3, 2017 with respect to the instant apartment on the ground of donation under Article 32748 of the Seoul Central District Court’s receipt on August 3, 2017.

1) The agreement between the Defendant and C on the division of property on November 17, 2017 (hereinafter “the first division of property”) between the Defendant and C, after having agreed on the divorce.

The details of the first agreement on division of property are as follows: 2. A (C).

hereinafter the same shall apply.

) B (the defendant means the defendant),

hereinafter the same shall apply.

A) By November 30, 2017, a solatium amounting to KRW 300 million, out of KRW 400 million, shall be paid to a person who is placed in the place of strike (D) and KRW 100 million shall be paid at the time of sale of the building located in the place of strike (D). The sale shall be made until December 31, 2020, and if the sale is not made, A shall be paid KRW 100 million on the day of the due date. 4.

The sale shall be made until December 31, 2020, and where the sale is not made, A shall be 400 million won on the due date.