(영문) 춘천지방법원강릉지원 2017.04.04 2016가단52032

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(영문) 춘천지방법원강릉지원 2017.04.04 2016가단52032

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 10, 2008, Korea C&C Co., Ltd. entered into a loan transaction agreement with B and borrowed KRW 25 million. B did not pay the loan principal amounting to KRW 16,766,183 and did not pay the loan principal and lost the benefit of time.

B. As of March 28, 2013, the claim against C&C Company B was transferred in sequence to the Plaintiff as of December 30, 2015, and as of April 19, 2016, the claim against C&C is KRW 45,583,802.

C. On December 17, 2014, B completed the registration of ownership transfer on the ground of a sales contract as of December 15, 2014 with respect to the 1/6 shares in B (hereinafter “instant real estate”) among each real estate listed in the separate sheet to the Defendant on December 17, 2014 (hereinafter “instant registration of ownership”), and B was in excess of the obligation at the time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, B entered into a sales contract for the real estate of this case with the defendant who is an siblings in excess of the debt. In light of the above circumstances of the conclusion of the sales contract and the relation with the defendant B, it is reasonable to deem that the above sales contract constitutes a fraudulent act.

Furthermore, it is reasonable to see that as B, it was aware that the above sales contract constitutes a fraudulent act detrimental to the creditor, and on the other hand, the defendant's bad faith as a beneficiary is also presumed.

B. As to this, the Defendant, at the time of the instant sales contract, subrogated for all of the obligations of the creditors having effected the instant real estate at the time of the instant sales contract, he was unaware of whether the lack of common security of other creditors was caused.

In full view of each of the statements and arguments in Gap evidence Nos. 1 through 22 (including the number of branch offices; hereinafter the same shall apply) as to the real estate of this case at the time of the conclusion of the sales contract of this case, the application of Licof Co., Ltd. for the real estate of this case.

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