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(영문) 서울북부지방법원 2017.04.06 2016가합24288
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B filed a marriage report on December 31, 2009 with E, but was married on April 28, 2015.

The plaintiff is the mother of E, and the defendant C is the mother of defendant B.

B. around July 31, 2015, Defendant B leased F, 1312 Dong 1703 (hereinafter “instant apartment”) from D for lease deposit at KRW 210 million.

C. On August 17, 2015, from the Plaintiff Nonghyup Bank’s account to Defendant B’s account, KRW 130 million was transferred, and Defendant B used most of this money to pay the remainder of the apartment lease deposit.

On February 15, 2016, Defendant B transferred KRW 130 million to Defendant C among the claims for the return of the lease deposit against D, and notified D of the transfer on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. Upon Defendant B’s request on August 17, 2015, the Plaintiff lent KRW 130 million to the Plaintiff without setting the due date. Defendant B is obligated to pay the Plaintiff the loan amount of KRW 130 million and the damages for delay from the next day of the delivery of a copy of the instant complaint on the loan amount of KRW 130 million. (2) Defendant B transferred the lease deposit of KRW 130 million, which is the only active property of the Plaintiff, to the Defendant C on February 15, 2016.

The contract for the transfer and acquisition of claims between the Defendants must be revoked by fraudulent act, and the Defendant C has a duty to notify the lessor D of the cancellation of the contract for the transfer and acquisition of claims.

B. 1) The Plaintiff’s claim is premised on the existence of the loan claim against the Defendant B. (2) In full view of the facts acknowledged earlier and the entries in the evidence Nos. 22, 23, 25, and 28, and the whole purport of the pleadings, the following circumstances are revealed.

① On February 6, 2015, during the period of divorce with Defendant B, E, after the divorce, will live together with Defendant B’s husband and wife, and Defendant B, for a period of two years.

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