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(영문) 인천지방법원 2019.06.11 2018가단218785
사해행위취소
Text

1. The defendant shall register office of the Chuncheon District Court with respect to the plaintiff's share of 1/36 of the real estate stated in the attached list.

Reasons

1. Basic facts

A. On December 14, 2017, the bankruptcy debtor A (hereinafter “A”) filed a petition for bankruptcy and immunity with the Incheon District Court. On April 26, 2018, the bankruptcy debtor A (hereinafter “A”) was declared bankrupt through the Incheon District Court case No. 2017Hadan5181.

Plaintiff

On April 26, 2018, the litigant was declared bankrupt against A, and was appointed as A's trustee in bankruptcy.

B. Around June 5, 2016, the Defendant lent KRW 4,000,00 to A.

C. On November 20, 2017, A entered into a contract with the Defendant to divide 1/36 shares in the real estate listed in the separate sheet (hereinafter “instant real estate shares”) as KRW 3,00,000 and to accord and pay it to the Defendant (hereinafter “instant contract”).

Since then, according to the instant contract, the registration of ownership transfer was completed on January 8, 2018 under the receipt No. 477 as to the shares of the instant real estate in accordance with the Chuncheon District Court's Bupyeong-gu Registry.

[Reasons for Recognition: Facts without dispute (including the fact that the defendant is the person of the defendant), entry of Gap evidence 7, obvious facts in this court, purport of whole pleadings]

2. Determination

A. Determination as to the cause of the claim 1) Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

The phrase “act in which the debtor knows that it would prejudice any bankruptcy creditor”, which is an act subject to avoidance pursuant to Article 391 subparag. 1, includes a fraudulent act that reduces the bankruptcy estate by deviating from the debtor’s general property, which is a joint security of all creditors, from the bankruptcy estate (see Supreme Court Decision 2011Da56637, 56644, Oct. 13, 201). The expression “a person who knows that the debtor would injure any bankruptcy creditor” as mentioned above is sufficient to have awareness that at the time of the debtor’s act subject to avoidance, the joint security property, which is a joint security for any bankruptcy creditor, would be reduced due to such act. 2) The following circumstances are acknowledged by comprehensively taking account of the overall purport of the pleadings as stated in subparagraphs A through 6.

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