(영문) 서울북부지방법원 2016.11.25 2016가단20098

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(영문) 서울북부지방법원 2016.11.25 2016가단20098

사해행위취소

Text

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 October 20, 2009, purchased a credit card and used the credit card as a member of the Plaintiff’s credit card, but began to delay the credit card use price, and on May 2, 2016, the unpaid credit card use price by B is KRW 16,752,556.

B. On April 11, 2016, B entered into a sales contract with the Defendant to sell KRW 490,000,000 (the contract amount of KRW 60,000,000,000 on the day payment and the balance of KRW 433,00,00,000 (the payment on April 15, 2016) for the real estate listed in the separate sheet (hereinafter “instant real estate”) which was the only property owned by the Defendant and the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the said transaction under Article 27854 of the Seoul Northern District Court’s Eastern District Court’s registry office on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), fact inquiry results against the Minister of Court Administration of this Court, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the instant sales contract, which is the only property of the Plaintiff’s assertion B, disposes of the instant real estate to the Defendant constitutes a fraudulent act, and the intention of the Defendant’s death is recognized, the instant sales contract should be revoked, and the Defendant is obligated to implement the procedure for the registration of cancellation of ownership transfer in the name of the Defendant with respect to the instant real estate, due to

B. (1) Determination (1) Whether a fraudulent act was constituted constitutes a fraudulent act, barring any special circumstance, where B entered into the instant sales contract with the Defendant as to the instant real estate, which is the only property where B bears obligations against the Plaintiff, and completing the registration of ownership transfer to the Defendant, constitutes a fraudulent act by causing the reduction of the total property of B, which is the debtor, thereby causing or deepening the shortage of joint security of claims, and the Defendant’s bad faith, which is the debtor, B’s intent

(ii).

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