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Reasons
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(영문) 대전지방법원홍성지원 2014.08.14 2014가합243
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B transferred 3,098,000,000 won the land, etc. (hereinafter “instant land”) owned by Chungcheongnam-gun, Chungcheongnam-gun on February 18, 201, and completed the registration of ownership transfer to a buyer on October 31, 2012, by receiving KRW 292,00,000 as the intermediate payment on the same day, and KRW 2,481,000 as the intermediate payment on March 11, 201, and KRW 325,00,000 as the remainder on December 7, 2012.

B. As to the transfer of the instant land, the Plaintiff imposed capital gains tax of 382,303,862 won on B in March 11, 2013, special rural development tax of 18,780,591 won, capital gains tax of 22,843,34 won in April 10, 2013, and special rural development tax of 1,05,30 won in total, 424,983,087 won in total, and current arrears are 47,532,110 won in total.

C. B transferred KRW 262,00,000 ( KRW 10,000,000), May 9, 2012, 2012, KRW 160,000,000, and KRW 160,000,000 on December 24, 2012, to the account of the Defendant, who is the husband of the Defendant (hereinafter “the instant money”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff alleged by the parties that Eul paid KRW 489,70,000 to the defendant who is the husband (the above amount includes KRW 11,70,000,000, which was transferred to D’s account on April 20, 201, instead of omitting KRW 10,000, which was March 23, 201 among the above amount, constitutes a gift, and this constitutes a fraudulent act that reduces liability property of the general creditors, including the plaintiff, in collusion with the defendant under a debt excess, which constitutes a fraudulent act that reduces liability property of the general creditors, which is a joint security of the plaintiff including the plaintiff.

In regard to this, the Defendant asserted that B paid the instant money to the Defendant not by donation but by repayment according to the principal place of the obligation, because B had a loan claim equivalent to KRW 487,990,000.

3. Determination

(a)the obligee seeks the performance of the obligation;

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