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(영문) 부산지방법원 2016.03.29 2014가단240446
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s basic facts are holding a claim amounting to approximately KRW 2.6 billion on the basis of principal against C; C withdraws KRW 200 million from his/her financial obligation excess status to his/her financial account (D) on March 25, 2011; and deposited KRW 100 million from his/her financial obligation to his/her regular deposit account in the name of the Defendant A; and C deposits KRW 140 million from his/her financial obligation excess status to his/her financial obligation to his/her financial account (E) on May 20, 201; and the fact that C deposits KRW 140 million from Defendant B’s financial account in Busan Party 4-dong Office (F) on May 20, 2011 is recognized either as a dispute between the parties or as a whole by the purport of each entry and all pleadings as set forth in subparagraphs

2. The Plaintiff’s act of remitting money to the Defendants in excess of his/her obligation should be deemed as a gift and a fraudulent act. Therefore, each of the above gift contracts shall be revoked and the restitution shall be sought, as stated in the purport of the claim.

3. In order for the judgment C to have concluded a donation contract with respect to money remitted to the Defendants’ savings account, it shall be objectively interpreted that the said money belongs to the Defendants ultimately and ultimately belongs to the Defendants, and that there exists an agreement between the parties on the grant of the said money free of charge.

In addition, the burden of proving that each of the above transfers is a fraudulent act subject to creditor's right of revocation.

(see Supreme Court Decision 2012Da30861, Jul. 26, 2012). Meanwhile, in a case where money is transferred to another person’s deposit account, etc., the remittance may be based on a variety of legal causes. As such, a person with a certain personal relationship consented or understood to transfer money owned by him/her to his/her own deposit account, knowing that the money is transferred to his/her own deposit account.

Unless there are other special circumstances, it is objective to allow the actual control of one’s own bank account for that purpose.

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