(영문) 수원지방법원안산지원 2017.09.15 2016가단72894

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(영문) 수원지방법원안산지원 2017.09.15 2016가단72894

사해행위취소

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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. On November 12, 2008, the plaintiff filed a lawsuit against the non-party B (hereinafter referred to as the "non-party B") with the Seoul Central District Court Decision 2008Da254583, the court rendered a judgment that "the non-party B shall pay to the plaintiff 170,219,424 won and 170,090,192 won among them at the rate of 25% per annum from June 15, 1998 to the day of full payment, and shall pay to the plaintiff 117,153,09 won and 66,005,91 won among them at the rate of 25% per annum from June 15, 1998 to the day of full payment." It became final and conclusive around that time.

B. The Defendant, as the Nonparty’s mother, completed the registration of ownership transfer in the name of the Defendant on April 16, 2014 regarding real estate listed in the separate sheet (hereinafter “instant real estate”) on May 9, 2014, as the Nonparty’s mother.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6, the purport of the whole pleadings

2. The plaintiff asserts that the non-party's monetary donation to the defendant of the non-party should be revoked as a fraudulent act against the general creditor, such as the plaintiff, inasmuch as the non-party has raised the purchase price of the real estate of this case in excess of his liability and the completion of the registration of ownership transfer with respect to the real estate of this case under the name of the non-party is likely to cause compulsory execution.

In conclusion, there is no evidence to acknowledge that the non-party donated KRW 97,00,000 to the defendant, and rather, according to the statement in the evidence Nos. 1 through 10, the defendant borrowed KRW 37,00,000 as a housing loan at the branch of the NongHyup branch on April 11, 2014. The defendant sold An apartment of the members of Ansan-si, the non-party owned by the defendant for KRW 79,00,00,000 to D on April 12, 2014 and received the payment of the purchase price from D on April 14, 2014.

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