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(영문) 전주지방법원군산지원 2020.10.20 2019가단6718
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion is summarized as follows.

On October 17, 2019, the Plaintiff filed a lawsuit seeking the payment of the subrogated amount against C (the Jeonju District Court 2019Gau5764), and was rendered a favorable judgment. C entered into a sales contract with the Defendant on June 4, 2019 during the said lawsuit, and completed the registration of ownership transfer in the name of the Defendant on the 10th of the same month.

Thus, C shall be deemed to have concluded the above sales contract with the knowledge that it would prejudice the plaintiff, who is the creditor, so the above sales contract shall be revoked as it constitutes a fraudulent act, and the defendant shall implement the procedure for cancellation registration of transfer of ownership in the name that it completed with respect to the real estate in

2. In order to constitute a fraudulent act, the debtor's act of disposing of his/her property shall cause a decrease in the debtor's whole property and in short of the joint security of claims due to such act, that is, the debtor's passive property shall be more than the active property (see, e.g., Supreme Court Decision 2002Da23857, Sept. 24, 2002). In relation to such act, the plaintiff, the creditor, is liable to assert and prove it, and the plaintiff is not obliged to assert and prove it.

Therefore, the plaintiff's assertion is without merit without further review as to the remaining points.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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