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(영문) 대전지방법원 2018.09.05 2017가단23490
사해행위취소
Text

1. The limit of KRW 18,60,000,000, which was concluded on December 3, 2015 between the Defendant and B on an automobile listed in the attached Table.

Reasons

1. Facts of recognition;

A. B was issued a credit card after the Plaintiff’s registration as the Plaintiff’s credit card holders.

B From November 26, 2015, the Plaintiff delayed using the card, and on December 22, 2015, the Plaintiff applied for a payment order against B, which sought payment of credit card bills under this court’s 2015 tea3072, and was issued a ruling accepting the said application on December 24, 2015.

As of September 12, 2017, B’s debt amount against the Plaintiff is KRW 22,440,809 (=amount of 15,501,192 + interest + interest KRW 929,394 + interest KRW 6,010,223).

B. On December 3, 2015, B entered into a sales contract with the Defendant, who is one’s own wife, to sell a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant (hereinafter “instant sales contract”), and on the same day, B completed the registration of ownership transfer in the Defendant’s future.

At the time of the instant sales contract, B was in excess of the obligation that exceeds the positive property.

C. On July 14, 2016, the Defendant sold the instant vehicle to C in KRW 18,650,000 and completed the ownership transfer registration.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 2, the purport of whole pleadings

2. Determination

A. As a result, B’s excessive obligation transferred its ownership to the Defendant, the wife, through the instant sales contract, the insolvency of B was deepened.

This act is to reduce the joint security of general creditors, and it constitutes fraudulent act in relation to the plaintiff, and it is presumed that the debtor, the debtor, and the defendant's bad faith as the beneficiary is presumed.

The instant sales contract should be revoked as a fraudulent act.

In this regard, the defendant asserts that he has repaid B's debt, etc. on his behalf, and was transferred with the meaning of payment in kind. However, even if the defendant paid B's debt on his behalf, the debtor in excess of his debt is specified.

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