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(영문) 전주지방법원 2017.04.14 2016가단9072
사해행위취소 등
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 May 28, 2001, the Plaintiff Hyundai Capital Co., Ltd. entered into a drone loan agreement with B on 16,530,000 won of loans.

On May 20, 201, Hyundai Capital Co., Ltd. transferred its claims to the Plaintiff on May 20, 201, to the DNA M&C loan Co., Ltd., to the Loenc loan on June 1, 2012, to the Loenc loan, to the Loenc loan on the Loenc loan, to the Loenc loan on the management of assets on May 1, 2014, to the HSB loan, and to the HSB asset management loan to the Plaintiff on January 6, 2016.

The Plaintiff’s principal and interest claim against B is KRW 21,350,423 as of March 16, 2016 (the principal of the loan is KRW 16,384,423, including interest, etc.).

B. The Defendant’s registration of ownership transfer was completed on the ground of “sale on August 20, 197,” as to the real estate listed in the [Attachment List owned by the Korea National Housing Corporation (hereinafter “instant apartment”). The Defendant completed the registration of ownership transfer as to the instant apartment on March 18, 2014 by the Jeonju District Court No. 35399, which was accepted on March 18, 2014. The Defendant completed the registration of ownership transfer as to the instant apartment on the ground of “donation on March 18, 2014.”

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion B donated the instant apartment that is the only property under the insolvency of debt excess to the Defendant.

B Such gift act constitutes a fraudulent act.

Therefore, the contract of gift between B and the defendant should be revoked as a fraudulent act, and the defendant is obligated to compensate the plaintiff for the equivalent value with the restoration to its original state.

B. The summary of the Defendant’s assertion is that the Defendant lent the name of B to purchase the instant real estate, and the sales price was fully paid by the Defendant.

As can be seen, the Defendant completed the registration of ownership transfer in the name of the Defendant through B as the actual buyer of the apartment in this case.

In this case.

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