logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.01.18 2016가단55669
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A donation contract concluded on July 20, 2015 between the Defendant and B.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The Plaintiff’s credit against B entered into a credit transaction agreement with B, ① credit limit of 100 million won on April 18, 2013, ② credit transaction agreement between September 1, 2014, ③ credit transaction agreement between the credit limit of 50 million won on March 9, 2015, and ③ credit transaction agreement between B and the Defendant on March 20, 2015. After that, B lost its benefit of time, B lost its interest, and on July 20, 2015, B entered into the ownership transfer registration agreement between the Defendant and the Defendant on July 20, 2015 (hereinafter “instant apartment”). The ownership transfer registration agreement between B and the Defendant on July 20, 2015 (hereinafter “instant apartment”).

3) At the time of the conclusion of the instant gift agreement on the financial status of B, B was liable for KRW 188,33,318 against the Plaintiff, KRW 50,000 to the Ulsan Livestock Industry Cooperatives, KRW 53,375,340 to the National Health Insurance Corporation, and KRW 291,00,000 to the amount of KRW 53,375,340 to the National Health Insurance Corporation. On the other hand, C’s active property had the instant apartment house and the deposit claim of KRW 6,376,935 to the market price. On the other hand, B filed a petition for bankruptcy on February 24, 2016 with the court below as KRW 2016Ha131. [In the absence of any grounds for recognition, evidence No. 9, evidence No. 10, and the purport of the entire pleadings, as a whole.

B. The act of B, which had been in excess of the debt, entered into the instant gift agreement with the Defendant, constitutes a fraudulent act of disposing of the liability property provided to the joint security of other creditors including the Plaintiff, as well as the intent to commit an intentional act, and is presumed to be the Defendant’s bad faith.

Therefore, the gift contract of this case should be revoked as a fraudulent act unless there are special circumstances, and the defendant has completed the contract of this case with the court No. 160408 with respect to the apartment of this case to its original state.

arrow