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1. The extent of KRW 32,832,940,00, which was concluded on November 8, 2017 between the Defendant and C does not exceed KRW 50,000,00.
Reasons
1. Facts of recognition;
A. On July 18, 2012, C agreed to pay to the Plaintiff KRW 32,832,940 of the borrowed amount by July 23, 2016.
B. C, on November 8, 2017, withdrawn KRW 64,00,000, among KRW 94,667,259, which was in a bank bank deposit account, and delivered KRW 50,000,000 among them to the Defendant, who is his/her spouse (i.e., money). On November 17, 2017, C donated KRW 25,00,000, out of KRW 28,670,29, which was in the said deposit account, to the Defendant by withdrawing and delivering it to the Defendant.
At the time, C did not have any other property than the above bank deposit, and there was a debt obligation against the Plaintiff.
C died on October 5, 2018.
[Grounds for Recognition: Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 5, D Bank, F Association, and G Bank's each order to submit financial transaction information, the results of fact inquiry to Busan YY-gu Office, the purport of the whole pleadings as a whole]
2. Determination
A. The Plaintiff’s above agreed amount claim against C is a preserved claim for the exercise of obligee’s right of revocation.
B. In a case where a debtor continuously disposes of several properties, in principle, it shall be judged whether each act causes insolvency. However, in a case where there are special circumstances to see a series of acts as a single act, it shall be determined whether a series of acts is a whole of them. Whether there are special circumstances should be determined by comprehensively taking into account whether the other party to the disposition is identical, whether each disposition is close to time, whether the other party and the debtor are specially related, and whether the motive or opportunity for each disposition is the same.
(see, e.g., Supreme Court Decision 2014Da212780, Nov. 27, 2014). Meanwhile, “legal act detrimental to a creditor, which is the requirement for creditor’s right of revocation,” which is a requirement for creditor’s right of revocation, causes a decrease in the debtor’s assets to cause a shortage in the joint security of claims or is still in