(영문) 수원지방법원 2020.06.04 2019가단573592

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(영문) 수원지방법원 2020.06.04 2019가단573592

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 8, 2016, the Plaintiff filed a lawsuit against C for a loan claim with the Jeonju District Court Branch of 2016Gadan9211, and was sentenced on November 23, 2017 to the effect that “the Defendant shall pay to the Plaintiff 30,000,000 won, and interest calculated at the rate of 5% per annum from October 21, 2006 to October 25, 2016, and interest calculated at the rate of 15% per annum from the next day to the day of full payment.” The Plaintiff appealed against C as the Jeonju District Court of 2019Na2462, but the judgment was dismissed on November 21, 2018, and the above judgment became final and conclusive as is on January 4, 2018.

B. Meanwhile, on January 30, 2019, the registration of ownership transfer for one-half portion of the instant real estate was completed in the name of C on January 7, 2019 under the name of C on January 7, 2019 (hereinafter “instant share”). As to the remaining one-half share, the registration of ownership transfer has been completed in the name of D, the spouse of C, as the same cause for registration, as the same day. As to the instant shares, the registration of ownership transfer was completed in the name of C on March 8, 2019 under the name of the Defendant, his/her father, as of the instant shares in the name of C, as of March 7, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion argues that C bears the loan obligation against the plaintiff and the act of entering into a pre-sale agreement with the defendant with regard to the share in the name of this case, which is one of the only property of C, constitutes a fraudulent act, and thus, C and the defendant should be revoked, and the defendant is obliged to restore the original state to C to its original state, and the defendant is obliged to perform the procedure of registration cancellation of the right

In this regard, the defendant had a circumstance that the actual owner of the share in the name of the defendant could not register in the name of the defendant, and in order to provide the parent's residential space to be supported, C.

유사 판례

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-전주지방법원 2014.11.27 2013나12429

-전주지방법원 2019.02.20 2018가단8417

-서울북부지방법원 2014.01.09 2012가합8660