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(영문) 서울중앙지방법원 2016.01.19 2015가단116870
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B were married on July 13, 1984, and they were divorced on July 12, 2013.

B. On April 1, 2015, the Plaintiff filed a claim for a property division trial against Defendant B, and on April 1, 2015, the conciliation was concluded to the effect that Defendant B paid KRW 100 million to the Plaintiff, and that the remaining KRW 50 million shall be paid until May 29, 2015, and the remaining KRW 50 million shall be paid until July 31, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion has the right to claim a division of property of KRW 100 million against Defendant B, and Defendant B transferred KRW 236,000,000 among the claims stated in the purport of the claim on July 20, 2013 to Defendant C. This is a fraudulent act detrimental to the Plaintiff, and Defendant B shall be revoked, and Defendant B shall pay the Plaintiff KRW 100,000 and damages for delay.

3. As seen above, Defendant B is obligated to pay KRW 100 million to the Plaintiff as division of property.

However, although the right to claim division of property due to divorce takes place as legal effect at the time of the establishment of divorce, it cannot be said that the right has been specifically realized since the scope and contents of the right are unclear until specific contents are formed by consultation or adjudication (see Supreme Court Decision 2012Meu1656, Sept. 4, 2014).

There is no assertion or proof about high probability that it will be or will be established, and there is no assertion or proof about the fact that Defendant B was insolvent at the time of transferring the claims stated in the purport of the claim, and there is no proof or proof, and the Plaintiff’s assertion is without merit without further examination.

4. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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