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(영문) 대전지방법원 공주지원 2018.09.13 2017가단22338
사해행위취소
Text

1. A donation contract concluded between the defendant and the non-party B on December 15, 2015 with respect to each real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On February 4, 2005, the Korea Asset Management Corporation received a judgment on February 4, 2005 that "B shall pay 40,484,930 won and delay damages to the Korea Asset Management Corporation jointly with C, etc." as Seoul Central District Court Decision 2004Ga286117, which became final and conclusive around that time.

B. On August 28, 2012, the Korea Asset Management Corporation transferred claims according to the above judgment to the Plaintiff. On September 7, 2017, the Plaintiff received delegation of the authority to notify the assignment of claims from the Korea Asset Management Corporation and notified the Plaintiff of the assignment of claims to B.

C. B, on December 15, 2015, donated each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, which is the only property of the Defendant (hereinafter “instant gift contract”), and completed the entire transfer registration of each share as of December 16, 2015, received on December 16, 2015 from the Daejeon District Court’s official residence branch office, Daejeon District Court.

B was in excess of obligations at the time of concluding the instant gift contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), fact inquiry into the Court Administration Office, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the secured claim, the Plaintiff has a claim against B pursuant to the judgment prior to the conclusion of the gift contract of this case, and the above claim is an obligee’s right of revocation arising prior to the conclusion of the gift contract of this case.

B. The debtor's act of selling real estate, which is the only property of his own, and replacing it with money which is easily consumed by him, constitutes a fraudulent act against the creditor, barring special circumstances. Thus, the debtor's intent of deception is presumed, and the burden of proving that the purchaser did not have bad faith is the beneficiary.

(see, e.g., Supreme Court Decision 97Da54420, Apr. 14, 1998). In light of the above legal principles, the instant donation contract is a real estate, the debtor of which is the only property of B.

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