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(영문) 수원지방법원성남지원 2017.08.08 2016가단16657
사해행위취소
Text

1. The claim of this case is dismissed.

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

Reasons

1. Presumed factual basis

A. On January 11, 1997, the Defendant received the application for confirmation of intention of divorce on March 16, 2015, and completed the report of divorce on June 23, 2015.

B. B, on February 23, 2005, during the use of a credit card issued by the Plaintiff, the Plaintiff began to delay the payment of the credit card from February 23, 2015.

C. On March 10, 2015, B agreed to transfer the ownership of the real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant for the purpose of division of property following divorce, and completed the registration of ownership transfer on March 11, 2015 on the ground of donation.

(hereinafter “property division of this case”). D.

As to the building of this case, on December 7, 2007, the establishment registration was completed with regard to the debtor B and the maximum debt amount of 18 million won as the debtor, and the establishment registration was completed with regard to the right to collateral security, the creditor of the right to collateral security, as the bank, and the amount of the right to collateral security is about 89 million won.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, 4, 5, 7 through 9, each fact inquiry results against the Minister of National Court Administration and the President of the Korea Credit Information Institute, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The gist of the Plaintiff’s assertion B is that the instant building, the only real estate owned by the Plaintiff, was donated to the Defendant in excess of debt, and the registration of ownership transfer was completed under the name of the Defendant. The said donation agreement constitutes a fraudulent act, and thus constitutes a fraudulent act, and thus, the Defendant is obligated to cancel the registration of ownership transfer as to the instant building. 2) The Defendant’s summary of the Defendant’s assertion is divorced from B, and the ownership of the instant building was transferred to the division of property,

B. The division of property in a judgment divorce is to contribute to the maintenance of the other party’s livelihood at the same time as the other party’s property is liquidated and distributed after the husband or wife has been married.

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