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(영문) 대전지방법원 홍성지원 2018.10.10 2018가단2509
사해행위취소
Text

1. The agreement on September 14, 2017 between the Defendant and the Nonparty on the donation of 2/13 shares among the 3,230 square meters in Hong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. B, around December 2007, applied to the Plaintiff for membership with a credit card and began to use the credit card upon receipt of the credit card. From around 2012, from March 23, 2018, B bears the obligation of KRW 6,712,50 (the amount of the credit card use payment delayed before September 14, 2017 is KRW 2,824,114, and the late payment charge, etc. for the above use payment is continuously added) as of March 23, 2018.

B. On November 2, 2004, B completed inheritance registration with respect to 2/13 square meters of 3,230 square meters in Hongsung-gun, Hongsung-gun on September 14, 2017, B entered into a donation agreement with the Defendant on September 19, 2017 (hereinafter “instant donation agreement”) with respect to the said shares, which are the sole property with the Defendant, and completed the registration of ownership transfer on September 19, 2017.

【In the absence of a dispute over the grounds for recognition, the entries in Gap evidence 1 through 4, the fact-finding results of the fact-finding on the red Gun of this court, the purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s credit card use-price claim against B arising prior to the conclusion of the instant gift agreement, the above claim is subject to the obligee’s right of revocation.

B. Since B, as above, was insolvent by entering into the instant gift agreement with the Defendant with respect to the shares of the above shares, which are one of its sole property, against the Plaintiff as to the establishment of the fraudulent act and presumption of bad faith, the instant gift agreement becomes a fraudulent act against the Plaintiff, its intent is sufficiently recognized, and the Defendant’s bad faith is presumed to be the beneficiary.

C. (1) The defendant asserts that his defense is bona fide or does not constitute a fraudulent act on the following grounds.

(1) The south of B uses the credit card without authority by using the identification card and the seal imprint of B.

(2) The mother of the Defendant has supported and siblings are entitled to receive compensation therefor.

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