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(영문) 대전지방법원 천안지원 2018. 01. 11. 선고 2017가단111457 판결

사해행위 취소[국승]

Title

Revocation of Fraudulent Act

Summary

In the event of revocation of a fraudulent act and compensation for value, the revocation and compensation for value shall be limited to the amount less than the value of the joint collateral held by the subject matter of the fraudulent act and the amount of the creditor's preserved claim.

Cases

2017 Ghana 111457 Revocation of Fraudulent Act

Plaintiff

National Tax Service

Defendant

AA

Conclusion of Pleadings

Termination of Oral Proceedings

Imposition of Judgment

January 11, 2018

Text

1. The gift agreement concluded on September 23, 2014 with respect to real estate listed in the separate sheet between the defendant and AA shall be revoked within the limit of KRW 108,00,000.

2. The defendant shall pay to the plaintiff 108,00,000 won with 5% interest per annum from the day after the day when this judgment became final and conclusive to the day of complete payment.

3. The plaintiff's remaining claims are dismissed.

4. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The contract of donation concluded on September 23, 2014 between the Defendant and AA with respect to the real estate listed in the separate sheet shall be revoked within the limit of KRW 248,597,510. The Defendant shall pay to the Plaintiff 108,000,000 with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. Part concerning partial dismissal

In case of revocation of a fraudulent act and compensation for value, the revocation and compensation for value shall be limited to the lesser amount between the value of joint collateral held by the object of the fraudulent act and the value of the creditor's preserved claim.

Therefore, the revocation of the fraudulent act in this case and compensation for the equivalent value should be made within the limit of KRW 108,000, which is the smaller amount between the amount of the plaintiff's preserved claim amount of KRW 248,597,510 and the amount of joint collateral value of KRW 108,000,000, which is the lesser amount of the amount of the joint collateral value of KRW 108,000.