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(영문) 수원지방법원안양지원 2016.09.30 2016가단104959
사해행위취소
Text

1. The contract of donation concluded on October 6, 2014 between the Defendant and B concerning real estate listed in the separate sheet shall be revoked.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1, 2, 3, and Eul evidence 1-1, 1-2:

On June 4, 2004, the plaintiff filed a lawsuit against the plaintiff Eul on June 4, 2004 against the Seoul Central District Court 2004Gada1432610. On August 31, 2004, the above court rendered a judgment that "the defendant (B) shall pay to the plaintiff the amount of KRW 5,165,893 as well as the amount calculated at the rate of 6% per annum from July 30, 2003 to August 31, 2004, and the amount of money calculated at the rate of 20% per annum from the next day to the day of complete payment (hereinafter "the judgment amount of this case"). The above judgment was finalized on September 22, 2004.

B. On October 6, 2014, B entered into a gift agreement (hereinafter “instant gift agreement”) with the Defendant, who is the spouse, on October 6, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 13, 2014, B entered into the instant gift agreement with the Defendant on October 13, 2014 and completed the ownership transfer registration based on the instant gift agreement (hereinafter “instant ownership transfer registration”).

C. At the time of the instant gift agreement, the instant real estate was the only property of B at the time of the instant gift agreement, and B was the insolvent of debt excess.

2. The assertion and judgment

A. According to the above facts, B is obligated to pay to the Plaintiff the instant judgment amounting to KRW 5,165,893 and delay damages therefor. Since the Plaintiff’s claim against B was incurred prior to the instant gift agreement, the obligee’s right of revocation becomes the preserved claim. (2) In a case where the obligor’s assets are insufficient to fully repay the obligor’s assets, the obligor’s right of revocation is either gratuitously transferred or partially transferred real estate, which is the only property.

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