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(영문) 부산지방법원 2016.07.05 2016가단1157
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff issued three credit cards to B, and as of December 29, 2015, the Plaintiff has the principal amount of KRW 11,896,143 and damages for delay as to B.

The Plaintiff, based on January 5, 2015, the date of the instant transaction, did not disclose the amount of claims to the extent possible, and did not submit relevant evidence.

B. On January 5, 2015, Nonparty B sold the instant real estate to the Defendant at KRW 230,000,000 (hereinafter “instant sale”), and on the same day, Nonparty B (hereinafter “instant sale”), filed a registration of ownership transfer claim with the Defendant, and completed the registration of ownership transfer on January 28, 2015.

On the other hand, the registration of the establishment of a neighboring mortgage-holder D (the maximum amount of 80,000,000 won) was completed on the instant real estate, but the registration of the establishment of a neighboring mortgage was revoked on January 29, 2015, which was after the instant sale.

C. At the time of January 5, 2015, B did not own real estate other than the instant real estate.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 5, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

(a) Since the beneficiary's bad faith is presumed in a lawsuit seeking revocation of a fraudulent act, in order to be exempted from its responsibility, the beneficiary shall bear the burden of proving his good faith.

In this case, the good faith of the beneficiary shall be determined reasonably in light of the logical and empirical rules by comprehensively taking into account various circumstances, such as the relationship between the debtor and the beneficiary, the details of and the background or motive for the act of disposal between the debtor and the beneficiary, the existence of objective materials to support the act of disposal, and the circumstances after the act of disposal, etc.

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