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(영문) 춘천지방법원 2020.12.22 2019가단54975
사해행위취소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. E did not subscribe to the Plaintiff’s credit card holders and use and pay the price.

Accordingly, on November 30, 2017, the Plaintiff filed a lawsuit against E in 2017 and rendered a judgment with the following contents, which became final and conclusive around that time.

(Seoul Central District Court Decision 2017 Ghana63431). E pays to the Plaintiff the amount of KRW 13,300,014 and the amount of KRW 3,704,075 per annum from August 9, 2017 to the date of full payment, 23.7% per annum for KRW 9,000,000 per annum from August 9, 2017 to the date of full payment.

B. On July 15, 2019 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed in the name of the Defendant from the Hongcheon District Court under the name of the Defendant on July 16, 2019, Hongcheon District Court received on July 16, 2019 (hereinafter “instant gift agreement”). At that time, the instant real estate was the only property E.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 5, and 6, and the purport of the whole pleading

2. The assertion and judgment

A. The debtor’s act of selling real estate, which is the only property of his/her own, and replacing it with money easily for consumption or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance (see Supreme Court Decision 2000Da41875, Apr. 24, 2001). The creditor’s right to seek repayment of the obligation does not interfere with the creditor’s exercise of his/her right as a natural matter, on the ground that there exist other creditors, and the debtor does not refuse the performance of the obligation on the ground that there are other creditors because he/she bears the obligation to perform the obligation according to the principal place of the obligation. Therefore, the debtor’s joint security would be reduced by performing the obligation to the specific creditor under the excess of the obligation.

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