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(영문) 창원지방법원 진주지원 2018.05.29 2017가단8384
사해행위취소등
Text

1. As to 131 square meters of forest land in Gyeongnam-gun, Namnam-gun:

A. A donation contract concluded on September 22, 2016 between the Defendant and D.

Reasons

1. Facts of recognition;

A. On April 9, 2016, the Plaintiff received a payment order from the said court to the effect that “D and E shall jointly and severally pay the Plaintiff KRW 15 million and any delay damages therefrom,” and the said payment order became final and conclusive on June 15, 2016.

B. On September 22, 2016, D donated the Defendant, who is his/her own child, a forest land C, 131 square meters (hereinafter “instant real estate”), which is his/her sole property, to the Defendant (hereinafter “instant donation agreement”), and completed the registration of ownership transfer based on the said donation agreement as the Changwon District Court, Changwon-gu District Court, the South-do Office of Maritime Affairs (No. 13318, Sept. 22, 2016) regarding the said real estate.

C. D was insolvent at the time of the instant gift contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff had a claim for the return of the price of goods based on the payment order against D at the time of the donation contract of this case.

As such, the above claims are preserved claims against revocation of fraudulent act.

B. The debtor's act of selling real estate, which is the only property of the plaintiff and changing it into money or transferring it to another person without compensation, is presumed to constitute a fraudulent act against the creditor, barring special circumstances (see, e.g., Supreme Court Decision 2000Da41875, Apr. 24, 2001). Since D donated the real estate of this case, which is the only property of the defendant on September 22, 2016, to the defendant and completing the registration of transfer of ownership, the act of completing the registration of transfer of ownership constitutes a fraudulent act by reducing the joint security of the general creditors, including the plaintiff, and D is a beneficiary.

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