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Reasons
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(영문) 서울중앙지방법원 2015.08.27 2014가단5318490
사해행위취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B on February 27, 2014, transferred 1/6 shares of land Kimpo-si C and D, and reported capital gains tax on April 28, 2014, but the head of Seodaemun-si notified B of capital gains tax of KRW 173,552,720 as the due date for payment on July 31, 2014.

(b)B is delinquent in 182,924,560 won, including the present additional charges;

C. On July 1, 2014, B entered into a gift agreement (hereinafter “instant gift agreement”) that donates 1/2 shares (hereinafter “instant real estate”) among the Defendant, the husband, and the Seoul Gwanak-gu, Seoul Special Metropolitan City E-Ba No. 302 (hereinafter “instant 302”) to the Defendant, and completed the registration of ownership transfer under the name of the Defendant on July 2, 2014.

On July 17, 2014, the Defendant submitted to the Seoul Family Court an application for confirmation of the intention of divorce, and reported divorce with B on August 22, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3-1 through 3, Eul evidence 1-2, and the purport of whole pleadings]

2. Determination

A. The plaintiff asserts that the contract of donation in this case constitutes a fraudulent act, since Eul donated the real estate in this case to the defendant, which caused a shortage of joint security of claims.

The defendant asserts that the 302 of this case was originally owned by the defendant, and that on April 20, 2007, the 1/2 shares were transferred to B during the process of title trust and the agreement was re-issued.

B. (1) The judgment is a fraudulent act, barring any special circumstance, barring any special circumstance to recognize that the above division of property exceeds a considerable degree pursuant to the purport of Article 839-2(2) of the Civil Act, even though the debtor, who has already been in excess of his/her debt, transfers a certain property to his/her spouse as a result of division of property, and reduces joint security against the general creditor.

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