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(영문) 청주지방법원제천지원 2017.07.12 2016가단21205
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Gunsan-si Fisheries Cooperatives (hereinafter referred to as the “Gunsan-si Cooperatives”) filed a lawsuit for a loan claim against Defendant E with the Jeonju District Court Branch of 2012Kadan15041, and sentenced that “Defendant E shall pay the amount equivalent to 15.8% per annum from September 17, 2012 to the date of full payment of the loan amount of KRW 73,553,795 to the Gunsan-si District Court and KRW 51,580,614 among them” (hereinafter referred to as “instant claim”) and the Plaintiff received the said claim from the Gunsan-si Cooperatives on June 28, 2013.

B. On October 9, 2009, G completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant E on August 13, 2009.

C. On March 17, 2016, Defendant E completed the registration of ownership transfer as prescribed by Cheongju District Court No. 6522 on the ground of the gift agreement dated March 16, 2016 (hereinafter “instant gift agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

F was killed on July 6, 2016 (hereinafter “the deceased”), and at the time of the death, the Defendants were children, who were the bereaved family members of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The Plaintiff’s assertion 1) is a fraudulent act detrimental to the Plaintiff, who is the debtor, and thus, the contract should be revoked. The registration of transfer of ownership under the instant donation contract should be restored to its original state as stated in the purport of the claim. 2) The Defendants’ assertion is that the Plaintiff’s instant real estate was trusted in trust with the Defendant E, and thus, the registration of transfer of ownership as of October 9, 2009 under the name of Defendant E is null

Therefore, since the instant real estate is not owned by Defendant E, it is not a responsible property of Defendant E.

Therefore, Defendant E and the deceased make a donation contract on the instant real estate.

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