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(영문) 서울중앙지방법원 2016.08.30 2016가단19334
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 filed a claim against B for the payment of the acquisition amount with Seoul Central District Court 2013 Ghana6179510, and the above court rendered a judgment on March 19, 2014 that “the Defendant shall pay to the Plaintiff the amount of KRW 7,664,223 and KRW 7,00,000 per annum 20% per annum from March 14, 2014 to the date of full payment” and the above judgment became final and conclusive.

B. B and C (hereinafter “B, etc.”) are married couple, and each of the real estates listed in the separate sheet (hereinafter “instant real estate”) owned 1/2 shares.

As of October 22, 2010, the instant real estate was established with the maximum debt amount of KRW 237.6 million, the debtor B, and the Korean Bank Co., Ltd. (hereinafter “instant collateral security”), and upon the application of the National Bank, the voluntary auction procedure was initiated on March 13, 2013 to the Incheon District Court D.

B On March 19, 2013, the registration of ownership transfer was completed to the Defendant on the ground of sale on the same day (hereinafter “instant sales contract”) with respect to one-half of one-half shares of the instant real estate.

C. B had no particular property other than the instant real estate share at the time of the instant sales contract, and the instant mortgage was cancelled after the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, fact-finding results, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Plaintiff’s claim against B may be a preserved claim against the obligee’s right to revoke the obligee’s right to revoke, and the act of converting B into money which is readily usable by selling one-half shares of the instant real estate, which is the only property B, constitutes a fraudulent act, and the Defendant’s bad faith is presumed.

B. The following facts are acknowledged in full view of the evidence Nos. 1 through 6 of the Defendant’s bona fide assertion, and the purport of the entire pleadings.

(1) The spouse E of the defendant shall be a real estate intermediary.

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