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(영문) 광주지방법원 2016.10.26 2016가단501397
사해행위취소
Text

1. With respect to 1/2 shares (B shares) in the motor vehicles listed in the separate sheet:

A. As of August 20, 2015, concluded between the Defendant and B.

Reasons

1. Basic facts

A. Hyundai Capital Co., Ltd.: (a) on November 20, 2015, acquired a credit card payment claim against B from Hyundai Card Co., Ltd.; and (b) on January 19, 2016, the credit card use price of KRW 23,098,268 as of January 19, 2016, and damages for delay against KRW 21,058,903 among them.

B. On August 20, 2015, B entered into a party transaction agreement with the Defendant, who takes over 1/2 shares of the motor vehicle listed in the separate sheet, which is its sole property, and B completed the registration of transfer to the receipt number C on August 20, 2015.

C. On May 20, 2016, the Plaintiff received the credit card use price claim from Hyundai Capital Co., Ltd. on May 20, 2016, and succeeded to this lawsuit.

[Reasons for Recognition] Facts without dispute, Gap 1 to 15 evidence, Seo Seo-gu Tax Office, Gwangju Seo-gu Office's tax information reply, the purport of the whole pleadings

2. It is reasonable to view that judgment B transferred the shares of the above automobile to the Plaintiff, the sole property under the condition that there is no property other than the shares of the automobile indicated in the attached list, constitutes a fraudulent act detrimental to the general creditor, and that the Defendant was aware of the fraudulent act between B and the remaining.

Therefore, since the transaction contract between B and the defendant on August 20, 2015 between B and the defendant is a fraudulent act, the method of restitution is in principle a return of originals. Therefore, the defendant is obligated to implement the procedure of cancellation of the registration of transfer of name to B on August 20, 2015, the receipt number C of the business office of the registration of the motor vehicle in North-gu, Gwangju Metropolitan City with respect to the 1/2 shares

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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