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(영문) 서울중앙지방법원 2015.10.22 2015가합512314
사해행위취소
Text

With respect to the 2,177 square meters in Jeonyang-gun, Jeonyang-gun, the sales contract concluded on April 1, 201 between Defendant B and D is revoked.

Reasons

Basic Facts

On January 22, 2007, the Plaintiff’s Bonds Savings Bank Co., Ltd. (hereinafter, the Busan Savings Bank Co., Ltd.) concluded a credit transaction agreement with the remodeling Construction Co., Ltd. (hereinafter, the remodeling Construction Co., Ltd.) and thereafter loaned KRW 4,066,00,00 to the remodeling Construction. At the time D, it guaranteed that the limit was 4,314,00,000 for the present and future obligations based on the above credit transaction agreement to be borne by remodeling Construction Co., Ltd. to the Busan Savings Bank.

The principal and interest of a loan based on the above credit transaction agreement remains at KRW 4,066,00,00 as of January 22, 2010, and interest and interest thereon were paid in full on December 31, 2010, but was paid in KRW 3,751,130,173 as of December 31, 2010, and thereafter paid in KRW 3,476,872,516 as of March 18, 2013.

On the other hand, the Busan Savings Bank was declared bankrupt on August 16, 2012 and was appointed as the plaintiff as the bankruptcy trustee.

D from March 24, 2011 to January 17, 2012, 200 won was remitted to the Defendant A’s account in the name of the wife, as shown in the attached list, to KRW 538,00,000 as shown in the attached list.

(C) On April 1, 201, D sold the real estate stated in paragraph (1) (hereinafter referred to as the “real estate of this case”) to Defendant B, who is a friendship on April 1, 201, for KRW 39,480,000 (hereinafter referred to as the “instant sales contract”). D’s order 1-b, April 29, 2011.

The registration of ownership transfer was completed.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the entire argument by the plaintiff's assertion against defendant A as to each of the instant claims against defendant A was donated to defendant Eul, and Eul's act of making a donation to defendant A should be revoked as a fraudulent act detrimental to the creditors including the plaintiff, and the plaintiff should be paid KRW 538,00,000 of each of the instant claims against the defendant Eul due to its restitution to its original state.

If a debtor donates his/her own property to another person in excess of his/her obligation, such act would constitute a fraudulent act unless there are special circumstances.

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