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(영문) 부산지방법원 2015.11.13 2014가단59374
사해행위취소
Text

1. On June 28, 201, a sales contract concluded on June 28, 201 between the network C and the Defendant regarding the real estate stated in the separate sheet was 50,000.

Reasons

1. Facts of recognition;

A. On December 1, 208, the Plaintiff married with the deceased C (the deceased on December 27, 2013, hereinafter “the deceased”) on December 1, 1988, but married on July 4, 2005. During this process, the Deceased shall pay the Plaintiff KRW 50,000,000 as consolation money, and written a letter of April 11, 2005 containing this content.

B. As the Deceased did not pay the said agreed amount to the Plaintiff on June 17, 201, the Plaintiff filed a lawsuit against the Deceased as Busan District Court Decision 2011Da64481, which sought the payment of the said agreed amount and damages for delay, and became final and conclusive as it was rendered a favorable judgment on August 17, 2011.

(A) On June 23, 201, a duplicate of the complaint was served on the Deceased on the day of June 23, 2011, and thereafter the Deceased failed to submit a written answer, and the judgment was rendered without holding any pleadings

On August 18, 1989, the Deceased acquired the registration of transfer of ownership of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on August 18, 1989, and owned it. On June 29, 201, the Deceased completed the registration of transfer of ownership on the ground of the sale contract dated June 28, 201 for each of the above real estate to the Defendant who is a friendship or friendship on June 29, 201 (hereinafter “instant sale contract”).

[Reasons for Recognition] Unsatisfy, Gap 1 to 4 evidence, Eul 4 to 6 evidence (including Serial number), the purport of the whole pleadings

2. Determination

A. According to the purport of the entire argument as to the cause of the claim, each of the instant real estate at the time of the instant purchase and sale contract can be known to be the only property of the deceased. The sale and cashing of each of the instant real estate by the deceased to the defendant constitutes a fraudulent act against the plaintiff, who is a general creditor, barring special circumstances, and the deceased knew that it would prejudice other general creditors by selling each of the instant real estate.

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