(영문) 전주지방법원군산지원 2015.07.17 2014가단10255

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(영문) 전주지방법원군산지원 2015.07.17 2014가단10255

사해행위취소 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, on September 23, 2013, entered into a credit card contract with the Defendant and was issued with a credit card and used it. Accordingly, as of August 19, 2014, as of August 19, 2014, the Defendant bears the obligation of KRW 9,854,299 in total as principal and damages for delay.

B. The Defendant, on March 23, 198, married with B and on March 23, 198, reported the divorce on July 4, 2013.

C. On December 11, 2013, the Defendant sent to B a document stating that “If it is difficult to immediately pay consolation money that was promised upon divorce, it shall be paid as soon as possible, and if it is difficult to do so, it shall be transferred even if the shares inherited are transferred,” and the Defendant made a registration of transfer of shares on December 19, 2013 on the ground of “donation on December 17, 2013” as to each real estate inherited from the deceased C.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination on the claim of this case

A. Plaintiff B’s assertion 1) donated each real estate indicated in the separate sheet, which is one of the only property, to the Defendant under the circumstance that the Defendant bears the obligation against the Defendant. This is a fraudulent act, and thus, the Defendant must restore each real estate indicated in the separate sheet, to the original state. 2) The Defendant properly acquired each real estate listed in the separate sheet, in the name of property division or divorce, and the Defendant was unaware of the Defendant’s obligation against the Plaintiff. Therefore, the Plaintiff’

B. 1) In a divorce, division of property shall contribute to the maintenance of the other party’s livelihood at the same time to liquidate and distribute the actual common property which the married couple had in the marriage, but at the same time to the divorce after the divorce. However, mental damage (including the nature of the compensation as a payment to compensate for the above materials) caused by the divorce may be divided, and the amount of division of property shall be the amount of division.

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