logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.02.04 2014가단215724
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. (1) On April 14, 2009, the Gyeonggi Savings Bank Co., Ltd. borrowed a loan of KRW 4 billion to B on April 14, 2009, at the rate of KRW 11.5% per annum on April 14, 201, at the expiration of the term of validity of the credit, at the rate of KRW 25% per annum. B remains a debt equivalent to KRW 100 million at the time of filing the instant lawsuit.

(2) On July 1, 2013, the sports savings bank corporation was declared bankrupt on July 1, 2013 by the Seoul Central District Court 2013Hahap88, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

B. On May 27, 2010, B entered into each of the instant sales contracts with the Defendant to sell each of the instant real estate on May 27, 2010, and completed each of the instant registration of transfer of ownership to the Defendant under Daejeon District Court’s registration and receipt No. 5103 on May 27, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion B is a fraudulent act against creditors, such as the Gyeonggi Savings Bank Co., Ltd., in excess of debt, such as bearing debt to the Plaintiff. As such, each of the instant real estate was sold to the Defendant, this constitutes a fraudulent act against the Defendant.

Therefore, each of the instant sales contracts between the Defendant and B should be revoked as a speculative act, and the Defendant is obligated to cancel each of the above registration of transfer of ownership.

B. (1) Since the instant lawsuit was filed on July 4, 2014 after one year from July 1, 2013, on which the Plaintiff was appointed, the instant lawsuit was unlawful, since one year has elapsed from the date on which the Plaintiff became aware of the fraudulent act, and the exclusion period has expired.

(2) At the time of each of the instant sales contracts, the Plaintiff’s claim cannot be the preserved claim at the time of the fraudulent act, deeming that B faithfully performed the obligation of KRW 4 billion and for which four years have passed since the repayment was not made.

(3) Each of the instant real estate.

arrow