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(영문) 부산지방법원 2018.04.25 2017가단19865
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts recognized;

A. The Plaintiff has a claim in the amount of KRW 941,170 against D by the decision of January 30, 2013 in the Busan District Court Decision 2012Kao1903 on the amount of litigation costs.

B. D completed the registration of ownership transfer as Defendant B by receipt No. 6391 on March 20, 2013 on the grounds of donation on March 19, 2013 with respect to the real estate listed in the separate sheet that he/she owned.

C. On April 3, 2017, Defendant B completed the registration of ownership transfer as to the above real estate under the Busan District Court’s Gangseo-gu Office of Registry No. 13291, April 7, 2017.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1-1 and 2. Judgment

A. According to the facts found as above, the existence of the preserved claim is recognized, since the Plaintiff, at the time of donation on March 19, 2013, claimed as a fraudulent act by the Plaintiff, had a claim of KRW 941,170 against D in the amount of litigation cost, and thus, the existence of the preserved claim is recognized.

In regard to this, the Defendants asserted to the effect that the above litigation cost claim was extinguished by either repayment or subrogation after the above litigation cost claim was extinguished, but it is insufficient to recognize that the above litigation cost claim was repaid or subrogated by only the statement of evidence No. 1-14, and there is no other evidence to acknowledge this otherwise.

B. Following circumstances as to D’s insolvency, namely, (i) the fact-finding reply to the head of Gangseo-gu court on the fact-finding inquiry is merely a fact-finding that there is no property or property owned by D during the period from January to June 2017, 2017; (ii) lack of materials to verify D’s insolvency at the time of donation on March 19, 2013; (iii) the Plaintiff failed to specifically claim and prove D’s active and negative property at the time of donation on March 19, 2013 except for KRW 941,170, and KRW 941,170; and (iv) the amount of the Plaintiff’s claims for the conservation of this case is limited to KRW 941,170. In light of that amount, the amount exceeds the above amount at the time of donation.

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