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(영문) 대구지방법원상주지원 2016.04.27 2015가단3739

사해행위취소 등

Text

1.(a)

On January 23, 2015, the gift contract between Nonparty B (C) and the Defendant on each real estate listed in the separate sheet between the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s monetary claim 1 against Nonparty B was jointly and severally guaranteed by Nonparty D and E, on April 20, 2012; on May 10, 2013; on March 13, 2013; and on May 13, 2013, the Plaintiff lent KRW 70 million in total to Nonparty D and E; however, the Plaintiff did not repay the said loan obligation to the Plaintiff.

B. B such as a donation contract between B and the Defendant entered into a donation contract with the Defendant on January 23, 2015 with respect to each real estate indicated in the separate sheet, which is the only property in excess of the obligation, and on January 25, 2015, on January 25, 2015, the Daegu District Court received the registration office of Yancheon District Court, and completed the registration procedure for transfer of ownership based on the said donation contract to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The assertion and judgment that they concluded a donation contract with the defendant on each of the above real estate, the sole property of which is his own property in excess of the debt, and completed the registration of ownership transfer constitutes a fraudulent act against the plaintiff, who is the creditor of B.

In addition, it is recognized that there was intention to harm B in full view of the above facts, and the defendant's bad faith as a beneficiary is presumed.

Therefore, since the above donation contract between B and the defendant is a fraudulent act, it is revoked, and ② the defendant is obligated to implement the procedure for cancellation registration of transfer of ownership as to each of the above real estate.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.