(영문) 의정부지방법원 2016.02.16 2015가단117141

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(영문) 의정부지방법원 2016.02.16 2015가단117141

사해행위취소

Text

1. Defendant B’s 117,00,000 won and the interest rate of 15% per annum from October 8, 2015 to the date of full payment.

Reasons

1. Basic facts - On July 11, 2013, Defendant B donated real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to Defendant C, one’s wife, and completed the registration of ownership transfer on the 23th of the same month.

[Ground for recognition] Unsatisfy, A4 Evidence

2. The assertion and judgment

A. The plaintiff from March 7, 2005 to the same year in full view of the purport of the whole pleadings in each of the statements as to the claim Nos. 1 to 4 and 8 against defendant B

4. From the time of lending to Defendant B, the fact that the sum of KRW 117,00,000 was leased to Defendant B by the time of lending, and the fact that the Plaintiff requested the return of the above loan from around 2012 to the Defendant B, respectively, may be acknowledged.

(B) The Plaintiff’s payment of KRW 117,00,00 to Defendant B is not a loan, but a gift. Accordingly, Defendant B is obligated to pay damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the instant complaint, to the day of full payment, as sought by the Plaintiff, when the Plaintiff demanded the return of KRW 117,00,000 to the Plaintiff (Article 603(2) of the Civil Act).

B. (1) The Plaintiff’s assertion as to the claim against Defendant C constitutes an act that undermines the Plaintiff, a creditor of loans against the Plaintiff, to whom the instant real estate, which is the only property of Defendant B, was donated to Defendant C as above.

Therefore, the above donation contract for the real estate of this case between Defendant B and Defendant C shall be revoked as a fraudulent act, and Defendant C shall be obligated to cancel the registration of transfer of ownership completed with respect to the real estate of this case to the original state.

(2) When Defendant B donated the instant real estate to Defendant C, the other property than the instant real estate is assessed against Defendant B.

참조조문

-민법 제603조 제2항

-소송촉진 등에 관한 특례법

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