beta
(영문) 서울중앙지방법원 2017.05.18 2016가단5158739

사해행위취소

Text

1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

Reasons

1. Basic facts

A. On August 19, 2009, the Plaintiff entered into a performance guarantee insurance contract (contract) with the insured with the content that the Plaintiff would pay the insurance money to the insured if the policyholder fails to perform a main contract with the insured, and B jointly and severally guaranteed the obligation of the policyholder under the said guarantee insurance contract.

B. On July 5, 2010 under the above guarantee insurance contract, the Plaintiff filed an application for a payment order with B and Do Construction Co., Ltd. on the ground that the Plaintiff paid KRW 21,00,000,000 as insurance money, and thereafter, B filed an objection. On April 27, 2011, the judgment in favor of the Plaintiff that “B shall pay to the Plaintiff the amount of KRW 21,00,000 and its amount of KRW 20% per annum from July 6, 2010 to November 1, 2010,” which became final and conclusive on May 18, 2011.

C. On November 25, 2013, the Defendant, the spouse of B, completed the registration of ownership transfer from D based on the sales contract dated October 15, 2013 as to the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground for Recognition] : Facts without dispute, entry of Gap 1 to 3

2. The plaintiff's assertion

A. The Defendant’s primary claim is a family owner of 50 years of age at the time of the conclusion of the sales contract for the instant real estate, and it is difficult to view that there is an economic ability to purchase the instant real estate as a family owner of 50 years of age, and thus, the purchase fund is donated to the Defendant by B. This is to reduce the liability property of general creditors, including the Plaintiff, which constitutes a fraudulent act and is presumed to constitute the Defendant’s bad faith. Thus, the above purchase fund donation contract is presumed to constitute a fraudulent act and thus