(영문) 수원지방법원안산지원 2016.07.06 2015가단21998

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2016.07.06 2015가단21998

사해행위취소 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts may be acknowledged in light of the overall purport of the pleadings as to the evidence Nos. 14 and 17 of the evidence No. 14 and the evidence No. 17 of the court below.

(1) As of July 12, 2013, the Plaintiff has a claim against Nonparty C for payment of KRW 4.5 million for the sales proceeds of lifts.

(2) However, on August 9, 2014 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”), the ownership transfer registration for the Defendant (hereinafter “instant ownership transfer registration”) was completed on September 16, 2014 on the grounds of the sale and purchase (hereinafter “instant sales contract”).

(3) The instant real estate was the only property C.

B. In principle, the debtor's act of selling real estate, which is the only property, and changing it into money easily for consumption, shall be a fraudulent act. Examining the above facts in light of the above legal principles, the sales contract of this case shall be a fraudulent act against the plaintiff, who is the creditor, unless there are special circumstances, and the defendant's bad faith shall be presumed. Thus, unless the defendant proves that he is bona fide, the sales contract of this case shall be revoked, and the defendant shall implement the procedure for the cancellation of the registration of ownership transfer of this case

2. Judgment on the defendant's defense

A. As to this, the Defendant’s defense of one’s own good faith. In a lawsuit seeking revocation of a fraudulent act, the issue of the beneficiary’s good faith is a comprehensive consideration of the following: (a) relationship between the debtor and the beneficiary; (b) the details of, and the background or motive for, the act of disposal between the debtor and the beneficiary; (c) whether there are objective materials to support the act of disposal, and whether there are no special circumstances to suspect that the terms

유사 판례

-수원지방법원 2016.11.25 2016가단508207

-서울중앙지방법원 2018.04.18 2017가단5056366

-대법원 2013. 7. 25. 선고 2012다29090 판결

-서울중앙지방법원 2015.01.20 2014가단5063356

-대법원 2018.12.27 2017다251083