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(영문) 인천지방법원 2015.10.06 2014가단228852
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs are borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1-1 to 3, Gap evidence 2, and Eul evidence 7:

Around November 27, 2008, the Plaintiff loaned C KRW 200,000,000,000,000,000,000,000 around July 1, 2009, around July 14, 2009, and KRW 100,000,000,000 around March 8, 2010, and KRW 100,000,000,000,000 around March 8, 2010, but was not repaid properly, the Plaintiff filed a lawsuit against C on April 11, 201, with the Incheon District Court 2013hap31348, and the judgment was rendered on July 9, 2013 at the rate of 10,00,000,000 and 201,00,00,000,00,00.

B. On May 21, 2012, C entered into a contract (hereinafter “instant donation contract”) under which the Defendant, the same resident, donated 16.9/100 of the share (hereinafter “instant land”) out of 2570 square meters prior to D, Nam-gu, Incheon (hereinafter “instant land”). On June 14, 2012, C completed the registration of ownership transfer entered in the purport of the claim to the Defendant.

C. At the time of the donation contract of this case, C had positive property and owned 102, 403, Nam-gu, Incheon (hereinafter “the apartment of this case”) in addition to the land of this case, but it was against the Plaintiff as a small property.

The amount of debt equivalent to KRW 00 million for the Korea Credit Guarantee Fund, Namdong Agricultural Cooperative, and Specialized Construction Financial Cooperative, including the loan obligations, has already been in excess of the amount of debt.

2. Determination:

A. If an obligor of a fraudulent act, in excess of his/her obligation, donated his/her own property to another person, barring special circumstances, such act constitutes a fraudulent act (see, e.g., Supreme Court Decisions 97Da57320, May 12, 1998; 2006Da11494, May 11, 2006). As seen earlier, C had already been in excess of its obligation.

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