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(영문) 의정부지방법원고양지원 2017.10.12 2017가단73446
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. On January 15, 2014, the Plaintiff has a claim for KRW 13,540,257 and damages for delay against B, who had the Defendant’s husband, based on a car lease agreement (main debtor C, joint and several sureties C, Ltd.) dated January 15, 201.

B. On November 22, 2016, B completed the registration of ownership transfer on the ground of the gift agreement dated November 1, 2016 (hereinafter “instant gift agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant on November 22, 2016.

C. The Defendant and B were legally married couple who completed the marriage report on January 29, 2008. On October 11, 2016, the Defendant and B applied for the confirmation of the intention of divorce by agreement with the High Government District Court 2016No.705, the High Government Branch 2016 Ma705, and reported divorce by obtaining a written confirmation of intention of divorce by agreement from the above court on February 7, 2017.

There are two minor women (D) between the defendant and B.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendant’s donation of the instant real estate, the sole property of the Plaintiff B, constitutes a fraudulent act, and thus, the instant donation contract is revoked, and the Defendant has a duty to cancel the registration of ownership transfer with respect to the said real estate. 2) The Defendant was unable to maintain a marital life with Defendant B, and the instant real estate was donated under the pretext of division of property and consolation money due to divorce, and its child support is included therein. Thus, the instant donation contract cannot be deemed a fraudulent act.

B. As for the divorce 1, division of property has been contributed to the maintenance of the other party’s livelihood at the same time as the other party’s property is liquidated and distributed through the liquidation of the real property of which the husband and wife had been married, but at the same time, it would be incurred by the division’

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