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(영문) 부산지방법원 서부지원 2018.11.16 2018가단105352
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2017, the Plaintiff filed a lawsuit against Nonparty B with the Seoul Central District Court (Seoul Central District Court Decision 2017 Ghana612971, and rendered a judgment that “B shall pay to the Plaintiff 4,997,291 won and the interest rate of 27.9% per annum from March 22, 2017 to the date of full payment.” On November 25, 2017, the said judgment became final and conclusive.

(hereinafter referred to as “instant obligation”) B by the final judgment.

B and the Defendant completed the marriage report on August 9, 2013. On June 7, 2013, the real estate listed in the separate sheet was purchased as 1/2 shares, and completed the ownership transfer registration on June 26, 2013. On January 5, 2017, B entered into a donation contract with the Defendant on the above 1/2 shares (hereinafter “instant real estate shares”) in which one had only property with the Defendant (hereinafter “instant donation contract”), and on January 9, 2017, the registration of ownership transfer with respect to the said real estate shares was completed under the Defendant’s name.

C. The first priority mortgage, which was established on the entire real estate of the instant case, was cancelled on the ground of termination on June 8, 2017, following the registration of ownership transfer regarding the said real estate portion under the gift contract of this case, which was the obligor B, the mortgagee’s Hyundai Capital, the maximum debt amount of which was 157,200,000.

The value of the instant real estate at the time of the instant donation contract was equivalent to KRW 180 million.

E. B and the Defendant filed a divorce report on March 10, 2017, by divorce by agreement with Busan Family Court No. 2017up559.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, 7 through 11, Eul 1 through 3, and 9 (including virtual numbers), the purport of all entries, images, and pleadings

2. The parties' assertion

A. The act of completing the registration of ownership transfer on the ground of donation to the Defendant, who was the sole wife of the instant real estate shares, by B, who had been liable to the Plaintiff for the instant debt to the Plaintiff, shall prejudice the general creditors including the Plaintiff.

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