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(영문) 인천지방법원 2014.08.19 2013가합20157
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 17, 200, Nonparty B obtained a loan of KRW 1.8 billion from the Chungcheong Mutual Savings and Finance Company, but failed to repay it by April 17, 2003, which is the due date. Meanwhile, on March 31, 2006, the Chungcheong Mutual Savings and Finance Company changed the loan claim against Nonparty B from the Plaintiff (at the time, the Plaintiff of the Reorganization Bank Corporation changed its trade name from the “Stock Bank Corporation” to the “KACC”), and thereafter notified Nonparty B of the transfer of the claim for the transfer of the claim.

B. The plaintiff filed a lawsuit against the non-party B claiming the amount of the claim after being transferred the claim from the Chungcheong Mutual Savings and Finance Company as above. On September 13, 2006, the Daejeon High Court rendered a favorable judgment against the plaintiff that the non-party B paid the amount of KRW 1,089,484,326 and damages for delay for KRW 377,32,381. On October 10, 2006, the judgment became final and conclusive, but the non-party B did not perform its obligation based on the above final and conclusive judgment until the closing of argument in this case.

C. On November 3, 2008, the Defendant completed the registration of ownership transfer on the ground of sale on September 30, 2008, with respect to the building of KRW 1,060 square meters and its ground reinforced concrete structure (hereinafter “instant real estate”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number), entry of Eul evidence 1, 4, and 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff, around September 30, 2008, donated cash to the defendant around September 30, 2008, and the defendant purchased the real estate of this case with the donated money, which constitutes a fraudulent act. Since the contract on cash donation is recognized as the intention of the non-party B and the defendant, the above contract on cash donation is revoked, and the defendant claims that the plaintiff return the amount of the claim held by the plaintiff to the non-party B with the equivalent compensation.

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