(영문) 창원지방법원 2015.12.23 2015가단13747

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.12.23 2015가단13747

사해행위취소 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On December 12, 2008, the Plaintiff, the cause of the instant claim, filed a claim against C for damages from the Changwon District Court Decision 2008Gau70678 (hereinafter referred to as the “C”) and rendered a judgment that “the Defendant shall pay the Plaintiff the amount calculated by the rate of KRW 12,50,000 and the interest rate of KRW 20% per annum from August 5, 2008 to the date of full payment.”

However, C, a debt excess status, donated the instant real estate, which is one’s own property, to the Defendant, who is the wife. Such disposal is a fraudulent act, and thus, the cancellation of the said donation contract and the cancellation of the ownership transfer registration are sought to be restored

2. We examine whether the instant lawsuit is lawful or not, ex officio, on the lawfulness of the instant lawsuit.

A lawsuit seeking revocation of a fraudulent act shall be instituted within one year from the date on which the creditor becomes aware of the cause for revocation, and within five years from the date on which the legal act was committed, and in accordance with which time when there was a legal act corresponding to a fraudulent act, it shall be determined carefully by taking into account the significant influence on the interests between the parties. In fact, when the legal act corresponding to a fraudulent act was committed, it shall be determined as the date on which such fraudulent act was actually committed. However, unless there are other special circumstances, it shall be bound to determine whether such fraudulent act was actually committed, focusing on the date on which the cause for registration was based on

(2) In light of the above legal principles, it is reasonable to deem that the contract of this case was made on April 21, 2009, barring any special circumstance. It is reasonable to deem that the contract of this case was made on November 21, 2009.

Thus, the lawsuit of this case is filed on the date five years elapsed from the date of the contract of donation between C and the defendant.

참조판례

-대법원 2002. 11. 8. 선고 2002다41589 판결

유사 판례

-부산지방법원 2019.09.04 2019나46428

-전주지방법원남원지원 2016.02.05 2015가단2363

-대구지방법원 2016.02.03 2015나303476

-대구지방법원영덕지원 2017.05.16 2016가단2029

-서울북부지방법원 2015.05.26 2014가단45857