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(영문) 춘천지방법원 2019.05.14 2018가단56721
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. A donation contract concluded on March 13, 2018 between Defendant A and C.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff’s claim against C was filed with the Seoul Southern District Court in favor of the Plaintiff on August 12, 2016, which stated that “C shall pay 6% per annum from February 12, 2010 to May 7, 2014; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the day of full payment (as 2014Ga102013),” and the Plaintiff appealed against the above judgment; on December 24, 2017, the Seoul Southern District Court rendered a favorable judgment (as 2016Na20837, the Seoul High Court Decision 2013, supra) that “The ownership transfer registration of the instant real estate was final and conclusive on March 21, 2013” (hereinafter “Defendant 2013, the title of each of the instant donations”).

On March 26, 2018, Defendant A completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as “provisional registration of this case”) in relation to the instant real estate, such as Disposition 1(b).

3) At the time of the instant donation contract, C was in excess of its obligation at the time of the instant donation contract. [Grounds for recognition] The facts that there was no dispute or no clear dispute, and evidence Nos. 2 and 3 (including virtual numbers, the purport of the entire pleadings)

B. The conclusion of the instant gift agreement with Defendant A constitutes a fraudulent act of disposing of the responsible property provided to the joint security of other creditors, including the Plaintiff, by which C had already been in excess of its obligation, constitutes a fraudulent act. The intent of C is recognized, and the bad faith of Defendant A and the subsequent purchaser, who are the beneficiary, is presumed also presumed.

Therefore, barring special circumstances, the instant donation contract should be revoked as a fraudulent act, and Defendant B, a malicious beneficiary, is the subsequent purchaser of Defendant A and bad faith.

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