logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.07.08 2015가단112771
사해행위취소등
Text

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

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

Reasons

1. Basic facts

A. The defendant and the non-party B are married couple.

B. According to the judgment of the Cheongju District Court 99Da21028 and the Cheongju District Court 2010Kadan19020 for the extension of the prescription period, the Plaintiff holds the claim for damages for delay from June 29, 1999 to the date of full payment with respect to KRW 97,80,032 and KRW 95,076,092 among them.

C. Around February 8, 2011, the Defendant decided to purchase from Nonparty C a total of KRW 535,00,000,000 for the land of this case and the three-story detached houses on the ground of the land of this case. Around February 8, 201, the Defendant completed the registration of ownership transfer in the future of the Defendant with the transaction value of KRW 161,00,000 on April 6, 201, with respect to the land of this case as KRW 161,00.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (including virtual number), the purport of the whole pleadings

2. The plaintiff Eul, the debtor of the plaintiff's primary preliminary claim, acquired the land of this case under his own name, predicted that there would be compulsory execution by the plaintiff and other creditors, and entered into a donation contract with the defendant, who is the wife, with the intent to evade this. Since the defendant acquired the land of this case with the funds donated by the husband Eul, the contract for the donation of the purchase price of this case with the land of this case shall be revoked as a fraudulent act detrimental to the plaintiff, and the defendant shall return the land of this case to the plaintiff as the restoration to its original state.

Preliminaryly, at the time of the sales contract for the instant land between the Defendant and C, B acquired the instant land in the name of the Defendant by concluding a title trust agreement with the Defendant for the purpose of evading compulsory execution, and the said title trust agreement becomes null and void, or the Defendant acquires the full ownership of the instant land pursuant to the proviso of Article 4(2) of the Act on the Registration of Forfeiture of Real Estate, and thus,

The plaintiff is represented by the title truster B.

arrow