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(영문) 창원지방법원 2017.07.06 2016가단115848
사해행위취소
Text

1. As to vessels listed in the separate sheet:

A. The sales contract concluded on October 30, 2015 between the Defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. On October 22, 2015, the Plaintiff loaned KRW 30,000,000 to B for fishery management purposes.

B. On October 27, 2015, B purchased a vessel listed in the separate sheet (hereinafter “instant vessel”) from C and completed the transfer of ownership, and thereafter, B sold the instant vessel to the Defendant, who is the mother of B (hereinafter “instant sales contract”) and completed the transfer of ownership on October 30 of the same month.

C. At the time of concluding the instant sales contract, B was in excess of its obligation without any specific property other than the instant vessel.

[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, and the fact-finding results to the head of the Jinhae District Office at the original district of this court, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, B was liable to the Plaintiff for the loans. However, since B sold the instant vessel to the Defendant without any specific property other than the instant vessel, and caused the lack of common security of ordinary creditors including the Plaintiff, the instant sales contract constitutes a fraudulent act, and the Defendant’s bad faith, a beneficiary, is presumed.

B. The Defendant asserts that the instant sales contract does not constitute a fraudulent act since B properly transferred the instant vessel to the Defendant as the payment for the loan to the Defendant in lieu of the loan to the Defendant.

B at the time of the instant sales contract, as seen earlier, the fact that at the time of the instant sales contract, B had been in excess of the obligation without any particular property other than the instant vessel, and even if B transferred the instant vessel to the Defendant as alleged by the Defendant, as payment in lieu of the loan owed to the Defendant, the act of the debtor, who had already been in excess of the obligation, provided his sole property to a specific creditor as payment in lieu of payment in kind, barring any special circumstances,

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