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(영문) 광주지방법원 2016.09.27 2016가단22375
사해행위취소
Text

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

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff has a claim for indemnity amounting to KRW 20,000,000, which was subrogated on July 21, 1995 with respect to B, and on June 17, 2016, the sum of the principal and interest of the claim for indemnity as of June 17, 2016 is KRW 96,02,420.

B. On May 23, 2013, the Defendant purchased the pertinent real estate in KRW 21,00,000 from the purchase price for the purchase of the relevant building and its ground area (hereinafter “instant real estate”).

C. The Defendant, at the time, did not have sufficient means to prepare the above purchase price. Therefore, the Defendant’s father, (a) donated the above purchase price to the Defendant, or (b) borne the above purchase price and held the Defendant in title trust of the instant real estate.

Therefore, (1) On May 23, 2013, B, which was in excess of debt, donated the above purchase price to the Defendant, constitutes a fraudulent act and thus revoked, and the Defendant is obligated to pay to the Plaintiff KRW 21,000,000 and damages for delay thereof as restitution to the original state, or (2) the title trust agreement on the instant real estate between the Defendant and B is null and void, and accordingly, the Defendant unjustly gains the above purchase price of KRW 21,00,000,000, and thus, the Defendant is obligated to pay the Plaintiff, a creditor of B, as well as damages for delay.

2. On May 23, 2013, the evidence presented by the Plaintiff alone donated KRW 21,00,000 to the Defendant on May 23, 2013.

It is insufficient to recognize that B paid the above purchase price and the Defendant held the title trust of the instant real estate, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion premised on this is without merit.

3. In conclusion, the plaintiff's claim of this case is all dismissed as it is without merit. It is so decided as per Disposition.

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