beta
(영문) 의정부지방법원 2015.02.03 2014가단20226

사해행위취소

Text

1. A donation contract concluded on July 1, 2013 with the Defendant on the one-half share of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit card payment claim B against B entered into a credit card transaction agreement with the Plaintiff on November 18, 201, and thereafter, from September 23, 2013, the Plaintiff delayed payment of the credit card transaction amount from September 23, 201 to May 16, 2014, and the obligation of KRW 7,943,117 was incurred.

B. B’s act of disposing of property 1) B from January 17, 2006, the real estate listed in the separate sheet (hereinafter “instant real estate”) from C on January 17, 2006

(2) On February 16, 2006, B purchased a right to sell a mortgage jointly with the Defendant, who is the spouse, and completed the registration of ownership transfer each of 1/2 shares on the same date. (2) At the time of the registration of ownership transfer, B entered into a mortgage contract with the National Agricultural Cooperative Federation as the maximum debt amount of KRW 83,200,000, the debtor B and the National Agricultural Cooperative Federation as the National Agricultural Cooperative Federation, and completed the registration of ownership creation on the

3) B) On July 1, 2013, 2013, the real estate listed in the separate sheet (hereinafter “instant real estate”).

As to one-half shares among them, a donation contract with the defendant who is the spouse (hereinafter “instant donation contract”) shall be made.

(C) On July 1, 2013, the registration of ownership transfer (hereinafter referred to as the “registration of ownership transfer of this case”) was received on July 1, 2013 by the Macheon District Court and the Macheon District Court registry office.

(4) On the other hand, at the time of the donation contract of this case, approximately KRW 71,00,000 as active property of this case, KRW 1/2 equity, KRW 1,950,00 as active property of this case, and KRW 66,867,00 as total debt of financial institution.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the result of an order to submit financial transaction information to the Korea Federation of Banks, the result of an order to submit tax information to the two main markets, the purport of the entire pleadings

2. Determination

A. The Plaintiff’s claim for overdue payment with credit card against B against the establishment of a fraudulent act is subsequent to the instant gift agreement.