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(영문) 서울동부지방법원 2017.01.18 2015가단131872
사해행위 취소 등 청구의 소
Text

1. The contract of donation concluded on July 8, 2014 between the defendant and C shall be revoked.

Reasons

1. Facts of recognition;

A. Nonparty C is the business owner who operated “D” from around 1997 to June 2013 as indicated in the attached list from the end of 1997 to the end of 2013, and the Defendant is the wife, E, the spouse of C, and the former wife.

B. The Plaintiff supplied fish and shellfish from around 1997 to the above “D” and reached KRW 247,353,000 for the unpaid goods payment claim around June 2013.

C On December 24, 2015, in order to repay the above goods-price obligation, C prepared and executed a notarial deed of a monetary loan agreement (Evidence A) with the borrowed amount of KRW 247,353,000 to the Plaintiff.

C. However, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by C, the registration for transfer of ownership in the name of the Defendant was completed on November 5, 2015, which was based on the Mayang-dong Registry of High-gu District Court, 216857, which was received on November 5, 2015, and July 8, 2014 (hereinafter “instant donation agreement”).

At the time of the donation contract of this case, C did not own any property other than the real estate of this case.

[Based on Recognition] Evidence Nos. 1 through 17, Evidence No. 19, Evidence No. 19, Evidence No. 2, Evidence No. 4 (including each number), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. If a debtor donated his/her own property to another person in excess of his/her obligation to determine the cause of the claim, such act would constitute a fraudulent act, barring special circumstances.

(See Supreme Court Decision 2014Da41575 Decided October 27, 2014, and Supreme Court Decision 97Da57320 Decided May 12, 1998, etc.). In full view of these legal principles, C entered into the instant donation contract with the Defendant as to each of the instant real estate, the only property of which is the Plaintiff, while C bears the obligation to pay goods to the Plaintiff, and completed the registration of ownership transfer to the Defendant, barring special circumstances.

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