(영문) 광주지방법원 2019.06.12 2018가단514274

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(영문) 광주지방법원 2019.06.12 2018가단514274

사해행위취소

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1. B’s donation contract concluded with the Defendant on August 3, 2017 with respect to real estate listed in the separate sheet shall not exceed KRW 142,00,000.

Reasons

1. Facts without dispute;

A. The Plaintiff has a claim for reimbursement against C Co., Ltd. (hereinafter “C”), and B jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff.

The amount of claims against the plaintiff C and B is KRW 269,140,373 even if the principal is calculated only as of April 4, 2018.

B. B On August 3, 2017, the Defendant, who is the spouse, entered into a gift agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) and the same year.

8. 7. The registration of ownership transfer was completed in the name of the defendant.

The defendant for the same year

8. 17. D Sale of the instant real estate to D for the same year.

9. 29. The registration of ownership transfer was completed.

C. At the time of the conclusion of the donation contract, the registration of the right to collateral security by E Co., Ltd., which set the maximum debt amount of KRW 120,000,000, and the registration of the right to collateral security by F Co., Ltd., which set the maximum debt amount of KRW 60,000,

① The registration of the establishment of a neighboring mortgage was revoked on August 4, 2017 as the repayment of KRW 100,000,000 for secured debt on August 4, 201. ② The registration of the establishment of a neighboring mortgage was revoked as the repayment of KRW 44,549,030 for secured debt on October 10 of the same year.

B was in a state of serious excess of obligations at the time of the conclusion of the above gift contract, and there was no particular property having substantial value other than the instant real estate, the market price of which is equivalent to KRW 187,00,000.

2. Determination

A. 1) The establishment of a fraudulent act does not dispute the fact that the Plaintiff’s preserved claim against B with a view to exercising the right to revoke the fraudulent act at the time of the conclusion of the above gift agreement. In addition, according to the above facts of recognition, the act of donation to the Defendant of the instant real estate, which is the only property under excess of the obligation, constitutes a fraudulent act detrimental to the Plaintiff, which is the obligee, and the Defendant who received a donation from B, is presumed to have concluded the said gift contract with the knowledge of such circumstances.

For this reason,

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