(영문) 인천지방법원 2018.09.19 2018가단210842

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(영문) 인천지방법원 2018.09.19 2018가단210842

사해행위취소

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1. The contract of donation concluded on July 17, 2014 between the Defendant and B shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On January 28, 2010, the Plaintiff filed a lawsuit against B with Daejeon District Court No. 2009 Ghana159862, and received a favorable judgment from the said court that “the Defendant shall pay to the Plaintiff 6,64,190 won and 3,390,000 won with the annual interest rate of 17% from August 4, 2009 to the date of complete payment,” and the said judgment became final and conclusive around that time.

As of February 26, 2018, the sum total of the Plaintiff’s claim for the amount of money transferred to B is KRW 11,791,403.

B. Meanwhile, B completed the registration of ownership transfer on July 17, 2014, on the ground of the gift agreement on July 17, 2014 (hereinafter “instant gift agreement”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) as the only real estate for the Defendant, who is his/her own child, as the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. The occurrence of the right to revoke the fraudulent act;

A. The conclusion of the gift contract with the Defendant, the only property of which judgment B on the cause of the claim was made with the Defendant, is an act of making another creditors, including the Plaintiff, lack of joint security, and constitutes a fraudulent act detrimental to the Plaintiff, which constitutes a creditor, and the Defendant’s bad faith, the debtor, the deceased will and the beneficiary, is presumed.

C. On June 10, 2014, the Defendant asserted that the instant real estate was owned by the Defendant from the beginning, and that the instant real estate was donated to B, the mother of which was the mother of Jun. 10, 2014, but was revoked and restored to the original state, and that it did not constitute an act of disposal of property, not by the Defendant again. In the event that the ownership transfer registration has been completed on the register of real estate, the Defendant would be presumed to have been legitimate and reasonable, and the party asserting the procedure and cause for the transfer registration is liable to prove it (Supreme Court).

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