(영문) 서울중앙지방법원 2017.09.27 2016가단5059009

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(영문) 서울중앙지방법원 2017.09.27 2016가단5059009

사해행위취소

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 23, 2010, the Plaintiff filed an application with B for a payment order of indemnity amount under the Seoul Central District Court Decision 2010 tea177205, and the said court issued a payment order with the purport that “B shall pay KRW 16,582,354 to the Plaintiff” (hereinafter “instant payment order”). The instant payment order was finalized on December 16, 2010.

B.1) On October 15, 2014, the Defendant purchased the instant real estate from C and D in KRW 180,000,000, and completed the registration of ownership transfer on November 3, 2014. (2) On November 3, 2014, the registration of establishment of the instant real estate was completed on November 3, 2014.

C. Meanwhile, the Plaintiff’s claim based on the instant payment order against B is KRW 16,830,110 as of March 7, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the plaintiff's assertion 1) B is liable to the plaintiff under the condition that the plaintiff was liable to purchase the real estate purchase price of this case with the defendant on October 15, 2014, which is the date on which the ground for registration was made. The above donation contract constitutes fraudulent act, and the above donation contract constitutes B and the defendant's bad faith is recognized. Therefore, the above donation contract shall be revoked within the limit of KRW 16,830,110, and the defendant shall pay to the plaintiff 16,830,110, and the compensation for delay thereof shall be paid to the plaintiff with the restoration of the original state following the cancellation. 2) A entered into a trust agreement with the defendant to purchase the real estate of this case under the name of the defendant for the purpose of evading compulsory execution from the creditors, including the plaintiff. Accordingly, the defendant completed the registration of ownership transfer of the real estate of this case.

Therefore, the defendant is equivalent to the purchase fund of the real estate of this case received from B.

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