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(영문) 창원지방법원통영지원 2016.12.15 2016가단3941

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. In around 2011, the Defendant re-convened with B around 2011.

B. Defendant and B completed the registration of share ownership transfer based on sale on June 16, 201, as the receipt of No. 30588 on June 16, 201, with respect to each one-half share of the aggregate buildings listed in the separate sheet (C Apartment No. 1, 802), among the aggregate buildings listed in the separate sheet (C Apartment No. 1, 802), respectively.

C. B entered into an agreement with the Plaintiff on the use of credit cards, and was issued credit cards by the Plaintiff on February 25, 2015.

On May 28, 2015, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the donation (hereinafter “instant donation”) as of May 28, 2015, from No. 35967, which was received on May 28, 2015.

E. B bears the credit card-price liability equivalent to KRW 5,309,677 (excluding legal costs) against the Plaintiff as of June 13, 2016.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) B began to delay the card payment after October 10, 2015. 2) B anticipated that there is a legal measure of the Plaintiff, and (i) donated the real estate indicated in the separate sheet, which is the only responsible property, to the Defendant, the husband, and became insolvent.

3) The instant donation constitutes a fraudulent act, and the registration of transfer of ownership in this case must be cancelled for restoration to original state. (b) The evidence of the Plaintiff’s submission alone was insufficient to find that at the time of the instant donation, the Plaintiff’s claim was created, or that B was in arrears with the card payment, which was made on October 10, 2015 after the instant donation, and that there was no other assertion regarding the underlying relationship, and that B was insolvent by making the instant donation to the Defendant.