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(영문) 의정부지방법원고양지원 2015.01.08 2012가단34552
소유권이전등기말소 등
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. B loaned KRW 5,00,000 from the Plaintiff on May 16, 201, and KRW 2,000,000 on June 24, 2011 as each card loan, but did not repay the loan from March 2012, B bears the Plaintiff’s obligation to pay the principal and interest of KRW 7,887,694 in total to the Plaintiff as of September 10, 2012.

B. B is a legal couple who completed a marriage report with the defendant on March 27, 2003.

C. B completed the registration of ownership transfer in its name with respect to the real estate listed in the separate sheet on December 9, 2005 (hereinafter “instant real estate”). From that time, B continued a marital life with the Defendant on the instant real estate.

B A around July 31, 2012, a divorce between the Defendant and the Defendant is to be made, and on August 2, 2012, the registration of ownership transfer was completed on the ground of a donation made on August 2, 2012 to the Defendant on the instant real estate.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4 (including Gaz number), Eul evidence No. 6, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. The act of donation of the instant real estate to the Defendant, who is the spouse, without any other property, is a fraudulent act detrimental to the general creditors of the Plaintiff including the Plaintiff. Since the right to collateral established before the fraudulent act regarding the instant real estate was cancelled after the acquisition of the Defendant’s ownership, it is difficult to return the original property. As such, the gift contract between B and the Defendant was cancelled within the limit of KRW 7,887,694, which is the Plaintiff’s claim amount, and the Defendant claimed for compensation for value as compensation.

B. In light of the fact that the division of property following the divorce is a liquidation of the common property formed through mutual cooperation between the parties during the marriage, it has the nature of supporting the other party. As a result, the division of property as a result of the reduction of the joint security against the general creditor by transferring a certain property to the spouse while the debtor in excess of the debt is divorced and transfers a certain property to his/her spouse to the division of property.

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