logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.22 2016가단5006548
사해행위취소
Text

1. As to KRW 149,324,257 and KRW 148,058,757 among the Plaintiff and the Plaintiff, Defendant A and B, jointly and severally, shall be from April 29, 2015 to April 2016.

Reasons

1. Claims against the defendant A and B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Confession (Article 208 (3) 2 of the Civil Procedure Act);

2. A claim filed against Defendant Rehabilitation Obligor C legal administrator D

A. The debtor's act of selling real estate, which is the only property of his own, and replacing it with money easily consumed or transferring it to another person without compensation, is presumed to constitute a fraudulent act against the creditor, barring any special circumstances. Therefore, the debtor's intent of deception is presumed to have been presumed, and the burden of proving that the purchaser or the transferor did not have bad faith

(see, e.g., Supreme Court Decision 2000Da41875, Apr. 24, 2001). This also applies to cases where an obligor, who had already been absent from excess of his/her obligation, provides a claim, the sole property of which is his/her creditor, to any one of the creditors, as a claim security.

(2) In light of the records of this case, each of the real estate listed in the separate sheet is recognized as the only property of Defendant A. Thus, barring any special circumstance, the contract to establish a mortgage constitutes a disposal of the sole property and constitutes a fraudulent act against the obligees in principle. Thus, barring any special circumstance, each of the real estate listed in the separate sheet constitutes a fraudulent act against the obligees.

B. The method of cancelling a fraudulent act and restoring the original state to Defendant A and C should be revoked as a fraudulent act, and the contract to establish a mortgage on each real estate recorded in the separate sheet shall be restored to its original state, and as a result, C legal manager D, a rehabilitation debtor, a Co., Ltd., is obligated to implement each procedure for registration of cancellation of the establishment of a mortgage on each

3. Thus, the plaintiff's defendants.

arrow