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(영문) 광주지방법원 2017.06.16 2017가단7403
사해행위취소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 14, 201, the Plaintiff, who is a police official, issued a Masp loan (hereinafter “instant Msp loan”) up to the limit of 30,000,000, and the transaction period was set on December 14, 2013. The Plaintiff decided to extend automatically each year if the transaction period does not exceed the limit on the expiration date.

B. On June 9, 2015, B donated to the Defendant the real estate listed in the separate sheet, the sole property of which is his/her own, and completed the registration of ownership transfer under the Gwangju District Court No. 141762, Jun. 9, 2015.

C. B and the Defendant was a legally married couple who completed the marriage report on May 8, 1989. The Gwangju Family Court applied for the confirmation of intention to divorce by agreement under 2015U.59, and received a written confirmation of intent to divorce by agreement from the above court on June 17, 2015.

B completed the marriage report with C on February 22, 2016, and died on October 27, 2016.

E. From January 27, 2017, the instant marina loan was not repaid, and the total amount of the debt exceeded the limit.

[Reasons for Recognition] Gap evidence Nos. 1, 3, Eul evidence Nos. 1-3, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The parties’ assertion 1) The plaintiff Eul donated the only real estate owned by himself to the defendant, and this constitutes an act that undermines the plaintiff, who is the creditor, and thus, it must be revoked as a fraudulent act. 2) The defendant was divorced due to the defendant Eul’s improper act, and the real estate indicated in the separate sheet was donated under the pretext of division of property and consolation money due to divorce

B. As for the divorce 1, division of property has been contributed to the maintenance of the other party’s livelihood at the same time as the other party’s property is liquidated and distributed through the liquidation of the real property of which the husband and wife had been married, but at the same time, it would be incurred by the division’

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