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(영문) 창원지방법원 2020.04.22 2020가단100232

부인의 소

Text

The defendant shall register the vehicle with the plaintiff on November 16, 2015 and receive the vehicle on the attached list 1.

Reasons

1. Basic facts

A. On December 6, 2018, A filed a petition for bankruptcy with the Changwon District Court 2018Hadan10823, which was declared bankrupt on January 22, 2019, and the Plaintiff was appointed as the bankruptcy trustee, and the Defendant is the spouse of A.

B. At the time of bankruptcy, A’s assets were totaled of KRW 1,624,498,866, but there was no positive assets.

C. Meanwhile, on the other hand, A filed a report on the closure of the personal enterprise F, which had been operated by December 31, 2015, due to financial depression around that time, and on November 16, 2015, A transferred all the automobiles listed in attached Tables 1 and 2, which were owned by A (hereinafter “automobile No. 1”), and the automobiles listed in attached Table 3, attached Table 3, attached Table 1, which were owned by A (hereinafter “automobile No. 3”), on December 15, 2015, to the Defendant’s name.

The Defendant, while currently using the automobile of this case, sold the automobile of this case No. 2 and No. 3 immediately. 1.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 (including additional number), the purport of the whole pleadings

2. The so-called “act of the debtor with knowledge that the debtor would injure the bankruptcy creditor” under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) is deemed to fall under the act of the debtor with knowledge that the debtor would cause damage to the bankruptcy creditor, and there is sufficient awareness that the debtor would reduce the liability property that would be the joint security due to such act.

According to the above facts and the purport of the whole arguments, the bankruptcy debtor committed a fraudulent act that reduces general property, which is the joint security of the future bankruptcy creditor, by going against the registration of transfer of ownership as to the automobiles of this case, which had the sole asset of the debtor at the time of closure of business on December 2015, as well as the intention of the bankruptcy debtor, and also is presumed to be the defendant's bad faith as the beneficiary.