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(영문) 창원지방법원 마산지원 2018.11.01 2018가단103542

사해행위취소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

The Plaintiff, as of May 30, 2018, has a claim for reimbursement of KRW 16,433,672 against B, and, as of June 25, 2015, the insolvent B, donated at least KRW 55,00,00 to the Defendant, or had the Defendant purchase real estate in accordance with the title trust agreement with the Defendant, and had the Defendant complete the registration of ownership transfer, and filed a claim for the cancellation and restitution of the said KRW 55,00,000,000, around the other hand, against the Defendant by asserting that: (a) around June 25, 2015, B, a insolvent, donated at least KRW 55,00,00 to the Defendant; or (b) around the other hand, sought the return of the amount due to the invalidation of the real estate title trust agreement

Therefore, in light of the purport of the entire pleadings as a result of the inquiry into each financial transaction information reply of the Korea Credit Information Institute, Samsung Life Insurance Co., Ltd., and the Court Administration's Office after June 26, 2018, it is recognized that B was in a state of insolvency until the date of closing argument, but the evidence submitted by the Plaintiff alone donated money to the Defendant.

It is not sufficient to recognize the fact that money was given to the defendant under the title trust agreement, and there is no other evidence to acknowledge it.

Therefore, each of the claims against the plaintiff against the defendant in this case is without merit, and all of them are dismissed.