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(영문) 의정부지방법원 2015.11.06 2014가단46686
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff issued a credit card to B on December 21, 199, and B used the said credit card and began to delay the payment of the credit card from September 2013.

B. The credit card payment in arrears leads to KRW 17,478,482 as of November 18, 2014.

C. On June 3, 2003, B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On July 1, 2013, B entered into a donation contract with the Defendant, who is his spouse, on the instant real estate (hereinafter “instant donation contract”). The Defendant completed the registration of ownership transfer with respect to the instant real estate as the receipt of the Government District Court’s Government Registry No. 6014, Jul. 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. Although it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act in principle, it is highly probable that at the time of the fraudulent act, there has already been legal relations that form the basis of the formation of the claim, and that the claim should be established in the near future because of its existing legal relations. In the near future, where a claim has been created due to its realization in the near future, the claim may also become a preserved claim of the obligee’s right of revocation.

I would like to say.

According to the evidence mentioned above and evidence Nos. 4 through 7, B, etc., where the Plaintiff borrowed KRW 6,510,000 from the Plaintiff through credit card loan loan, etc., there was a legal relationship which forms the basis for establishing the claim at the time of the instant donation contract, and there was a high probability as to the fact that the claim should be established in the near future legal relationship, and the above amount of KRW 6,510,000 loan of KRW 6,510,00 was actually realized, such as the overdue interest is lost due to the commencement of arrears around September 16, 2013.

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