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(영문) 서울북부지방법원 2015.07.17 2014가단131192
사해행위취소
Text

1. The sales contract concluded on September 16, 2014 between the Defendant and B is revoked.

2...

Reasons

1. Facts of recognition;

A. B entered into a credit card use agreement with Hyundai Card Co., Ltd. on February 28, 2010 and used Hyundai Card. At September 16, 2014, as of September 16, 2014, Hyundai Card Co., Ltd. was liable for the credit card use amount, cash service amount, and credit card loan amounting to KRW 12,367,67,678.

B. On November 6, 2014, Hyundai Card Co., Ltd. transferred claims against B on November 6, 2014, and Hyundai Card Co., Ltd notified B of the transfer of claims on November 11, 2014.

C. B sells the real estate listed in the separate sheet, the only real estate on September 16, 2014, to the Defendant who denies the birth, and completed the registration of ownership transfer in the name of the Defendant on September 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination of the cause of the claim and the defendant's assertion

A. Unless there are special circumstances, the debtor's sale of real estate, which is the only property of the plaintiff's claim, and the alteration of real estate in money which is easily consumed is a fraudulent act, and the debtor's intent to commit a fraudulent act refers to recognizing that there is a shortage of joint collateral of claims, which is a subjective element of a fraudulent act. Thus, it does not require any intent or intent to impair the creditor, and if the debtor sells real estate, which is the only property, and alters the sale of real estate in money which is easily consumed, it is presumed that the debtor's intent is presumed, and the burden of proof

(1) In light of the above facts, the Defendant’s act of selling the instant real estate, which is only the real estate B, to the Defendant, constitutes a fraudulent act and thus constitutes a fraudulent act. The Defendant is obligated to implement the procedure for the registration of cancellation of ownership transfer as to the instant real estate as the restoration to its original state.

B. The defendant's assertion is that the defendant purchased a fishing vessel from the sect.

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