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(영문) 창원지방법원 2015.09.09 2015가단3733
사해행위취소 등
Text

1. The contract of donation concluded on June 28, 2013 between the defendant and B concerning each real estate listed in the separate sheet shall be revoked.

Reasons

1. Facts of recognition;

A. On November 4, 2010, the Plaintiff entered into a continuous contract for the supply of goods with C Co., Ltd. (hereinafter “C”) and C, and at that time, C Co., Ltd., a director of C, jointly and severally guaranteed C’s obligation to pay for the goods.

B. C did not pay to the Plaintiff the amount of KRW 46,616,039, which occurred in August 2013. On January 23, 2014, the Plaintiff concluded a compromise with the effect that “B shall pay KRW 19,743,459 to the Plaintiff by May 31, 2014” to the effect that “B shall pay the amount of KRW 19,743,459 to the Plaintiff by April 17, 2014, upon filing a lawsuit for the claim for the payment of goods against B, a joint and several surety, as the Suwon District Court Branch Branch support 2014Ga2426.”

C. Meanwhile, on June 28, 2013, B entered into a donation agreement (hereinafter “instant donation agreement”) with the Defendant, who is the spouse, on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed the registration of ownership transfer for the Defendant on July 23, 2013 with the Changwon District Court Kimhae-si Office (hereinafter “instant donation agreement”).

[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. In order to become a fraudulent act as to whether the debtor’s act of disposal of the debtor’s property is insolvent, such act causes a decrease in the debtor’s whole property and thus the debtor’s joint security of claims is insufficient or deepened, i.e., the debtor’s small property is more than active property, so the debtor’s excessive status of obligations or deepens its situation.

Therefore, we examine whether B was in excess of the debt at the time of the donation contract in this case.

1. Comprehensively taking account of the overall purport of the arguments in the statements in Evidence Nos. 3-1 through 3, No. 9, and No. 10 with respect to the instant case, the market price of each of the instant real estate, which is the pro rata Property B, is KRW 250 million around June 2013, and each of the instant real estate is the Korea Standards Bank, Inc., Ltd., and the maximum debt amount, 106.

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