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(영문) 서울중앙지방법원 2020.01.21 2019가단5125396
사해행위취소
Text

1. Defendant A and Defendant B are jointly and severally liable to the Plaintiff.

(a) 11,161,134 won and 10,000,000 won among them;

Reasons

1. Each fact in the separate sheet of claim to which the facts are recognized may be acknowledged according to the absence of any dispute between the parties, or according to the purport of Gap 1 through 9, each fact inquiry results, and all pleadings.

2. According to the above facts of recognition as to the claim against Defendant Company and B, the above Defendants may jointly and severally recognize the money as stated in paragraph (1) of this Article to the Plaintiff.

3. The existence of the preserved claim as to the claim against the defendant C, the insolvency of the defendant B, the fraudulent act between the defendant B and the defendant C, and the intention of the defendant B's death is as shown in the attached Form 3.

As to this, Defendant C asserted to the effect that the shares of 1/2 that the Plaintiff sought revocation was originally nominal trust to Defendant B, and that it was merely a return of the name at the time of divorce with Defendant B, but the evidence submitted by the above Defendant alone is difficult to recognize.

In addition, Defendant C alleged that it was in good faith at the time of donation, but it is difficult to reverse the presumption of bad faith and to view that the above Defendant was in good faith at that time.

Therefore, the gift agreement concluded on June 15, 2018 between Defendant C and Defendant B on the instant real estate 1/2 ought to be revoked as a fraudulent act. As a result, Defendant C is obligated to implement the procedure for registration of cancellation of ownership transfer registration completed on June 15, 2018 with respect to the shares of the instant real estate 1/2 to Defendant B, the Suwon District Court Seosung Branch Office of Registry of 123147.

4. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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