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(영문) 수원지방법원 2019.09.18 2018나80254
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

Attached list between the defendant and D.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. The assertion and judgment

A. The reservation and contract of this case concerning the real estate of this case in the purport of the plaintiff's assertion shall be revoked on the ground of a fraudulent act. The defendant shall pay C and the plaintiff a compensation for the amount of 64,500,000 won and damages for delay as restitution following the revocation of a fraudulent act.

B. Unless there exist any special circumstances, it would be a fraudulent act to sell real estate, the sole property of which the obligor is a fraudulent act, and change it into money easily for consumption by selling real estate (see, e.g., Supreme Court Decision 9Da2515, Apr. 9, 199). In a case where the obligor’s property is insufficient to fully repay the obligor’s obligation, if the obligor gratuitously transfers real estate, the sole property of which is the obligor’s property, or provides it as payment in kind to some creditors, such act constitutes a fraudulent act unless there are special circumstances (see, e.g., Supreme Court Decision 97Da57320, May 12, 1998). Meanwhile, in a case where the principal registration was completed on the basis of provisional registration, whether the legal act, which is the cause of provisional registration, and the legal act, which is the cause of principal registration,

(See Supreme Court Decision 200Da7377 Decided July 27, 2001, and Supreme Court Decision 2013Da1518 Decided March 27, 201, etc.). Therefore, as of the time of the instant reservation, the following circumstances, which are acknowledged by comprehensively taking account of the health records constituting fraudulent act as at the time of the instant reservation, the evidence as mentioned above, and the fact inquiry into the Court Administration of the first instance court, as well as the results of the first instance court’s order for financial transaction information to G, as well as the overall purport of oral argument, D bears a loan obligation exceeding KRW 100,000 against the Plaintiff at the time of the instant reservation.

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