(영문) 대전지방법원 2015.07.15 2015가단200170

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(영문) 대전지방법원 2015.07.15 2015가단200170

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. Basic facts

A. On September 29, 2005, the Plaintiff (the Plaintiff changed his trade name on November 11, 2009 to K&C from the Reorganization Financial Corporation to the K&C Co., Ltd.) received the claim against the bankrupt Daejeon Credit Union B, and the above bankrupt's Daejeon Credit Union notified the transfer of the claim to B on October 18, 2005.

B. On January 19, 2004, the Plaintiff filed a claim against B for a loan of the Daejeon District Court 2004Gau5946, and received a decision of performance recommendation from the above court that “B shall pay to the Plaintiff 41,319,648 won and 18,050,000 won with interest of 18% per annum from January 12, 2004 to the date of complete payment” that “B shall pay to the Plaintiff 41,319,648 won and 18,050,000 won per annum from January 12, 2004 to the date of full payment.”

C. B had wife C and Defendant D, and the Defendant completed the registration of ownership transfer under the name of the Defendant on July 22, 201 due to the sale on June 23, 2011, regarding Daejeon E-building No. 102 of the first floor (hereinafter “instant real estate”). The purchase price of the instant real estate is KRW 6.5 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant purchased the instant real estate by gifting KRW 65 million from B on June 23, 2011. As such, the Plaintiff asserted that, as a fraudulent act, the agreement between the Defendant and B was revoked, and that, as a restitution, the Defendant is obliged to pay the Plaintiff KRW 6.5 million and its delay damages.

The defendant asserts that since October 20, 2008, when the third year of high school was in high school due to the difficulty in family form, the defendant had been employed and has been employed until now. The defendant purchased the real estate of this case with the payment and loan, and did not receive the money from the B.

B. The evidence presented by the Plaintiff alone is sufficient to acknowledge that B donated KRW 65 million to the Defendant on June 23, 2011.

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