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(영문) 광주지방법원 해남지원 2018.05.29 2018가단401

사해행위취소

Text

1. The sales contract concluded on June 7, 2017 between B and the Defendant with respect to each real estate listed in the separate sheet shall be revoked.

Reasons

1. Determination as to the cause of claim

A. As of December 26, 2001, the Plaintiff’s credit card B was issued and used by the Plaintiff on December 26, 2001, the Plaintiff delayed payment of KRW 10,195,174 as of August 2, 201.

B) On August 2, 2017, the Plaintiff applied for a payment order against B with Gwangju District Court Branch 2017Hu421 and received a payment order on August 9, 2017. The said payment order was finalized on December 8, 2017. C) As of January 26, 2018, the credit card use price and damages for delay, etc., for which B did not pay to the Plaintiff, constitute KRW 11,601,53 in total.

2) B’s act of disposing of the property was completed on June 7, 2017 with respect to each real estate listed in the separate sheet, which is one of the only property owned by the Plaintiff, with respect to the Defendant as above, as to each real estate indicated in the separate sheet, as seen above, the Gwangju District Court rendered a registration of transfer on June 14, 2017, and thereby became liable for excess of obligations. (B) Determination is a fraudulent act against the creditor, barring any special circumstance, barring any special circumstance. In such a case, the obligor’s intent is presumed to have been presumed (see, e.g., Supreme Court Decision 200Da41875, Apr. 24, 2001). In light of the above legal principles, B’s act of selling real estate to each Defendant, which is only one of its own property, and completing the registration of transfer of ownership on each of the real estate recorded in the separate sheet, and is presumed to constitute a fraudulent act against the Plaintiff.

Therefore, the sales contract concluded on June 7, 2017 between B and the defendant with respect to each real estate listed in the separate sheet should be revoked by the plaintiff's exercise of the plaintiff's right of revocation by fraudulent act, and the defendant shall be restored to its original state accordingly, as stated in the separate sheet to B.