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(영문) 제주지방법원 2020.11.11 2019나11326
사해행위취소
Text

The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim against the defendant is dismissed.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main text of

2. The Plaintiff’s assertion constitutes a fraudulent act by disposing of the only real estate owned by B on June 30, 2017.

3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4, it is recognized that the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is a real estate trusted to the trustee FFF corporation on April 20, 2017 by reason of the trust between B and B.

Where real estate is entrusted in accordance with the Trust Act, since the ownership of the real estate is entirely transferred to the trustee, the trust property itself cannot be the truster's responsible property, and only the truster's right to benefit can be the truster's responsible property.

(See Supreme Court Decision 2016Da20732 Decided November 25, 2016). However, the Plaintiff merely asserted that the disposal of the instant real estate, which is a trust property, constitutes a fraudulent act. However, the Plaintiff did not prove any assertion as to the circumstances that B’s beneficial interest in trust property is valuable as an active property, and that B’s disposal of the instant real estate has decreased in liability property.

The evidence alone submitted by the Plaintiff alone is insufficient to recognize that the disposal of the instant real estate constitutes a fraudulent act that reduces B’s responsible property, and there is no other evidence to acknowledge it.

4. The judgment of the court of first instance, which concluded otherwise, is unfair, so the part against the defendant in the judgment of first instance is revoked, and the plaintiff's claim is dismissed.

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