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(영문) 서울중앙지방법원 2019.04.05 2018가단7700
사해행위취소 청구의 소
Text

1. A donation contract concluded on January 6, 2016 with the Defendant on the share of 1/3 of the real estate stated in the attached Form No. C.

Reasons

1. Determination as to the cause of claim

A. According to the findings of the fact finding Gap evidence Nos. 1 through 4 and the fact finding to the Ministry of Land, Infrastructure and Transport of this Court, according to the result of the order to submit information on financial transactions to D institutions, the result of the order to submit information on the office of Jungsan, Gangnam-gu Office, and Seosan Tax Office, and the result of the order to submit information on E corporation, Eul prepared a letter of order to the plaintiff on July 14, 2015 that "C would pay KRW 4,000 won to the plaintiff by October 31, 2017" in the appellate court of the guarantee debt case filed against the plaintiff Eul, "C shall pay the plaintiff KRW 20,000 won to the plaintiff by October 31, 2017; when delay of the payment, the remaining amount after deducting the amount of money paid from the principal amount of KRW 40,000,0000,0000 per annum 15% per annum from November 1, 2017 to the date of complete payment (Seoul High Court's 2017.17.).

A. At the time of the conclusion of the instant gift agreement, C, in addition to the Plaintiff’s obligations against the Plaintiff, was also liable for the amount equivalent to KRW 18 million against F, etc., on the other hand, may be acknowledged that there was no particular property other than the instant real estate.

B. The debtor's act of transferring real estate, which is the only property of the judgment, to another person without compensation, is presumed to constitute a fraudulent act against the creditor, barring special circumstances. Therefore, the debtor's intent of prejudice is presumed, and the burden of proving that the purchaser or the transferee did not have acted in bad faith.

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