logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.01.10 2019가단8919
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On October 21, 2016, the Plaintiff loaned KRW 20,000,00 to C with respect to preserved bonds and property disposal.

(A) No. 1-1. C began to pay the above debt from January 22, 2019 (Evidence A 4), and 12,000,000 won with the remaining loan obligation, and damages for delay are remaining.

C On June 4, 2018, the first floor E (hereinafter “instant real estate”) was sold to the Defendant at KRW 300,000,000 (Evidence B; hereinafter “instant sales contract”) and completed the registration of ownership transfer on July 5, 2018.

(A) It appears that the instant real estate was due to C’s property as at the time of the instant sales contract and intent (see, e.g., Evidence No. 2). The debtor’s act of selling real estate, which is one of his own property, and changing it into money easily for consumption, constitutes a fraudulent act against general creditors, barring special circumstances. The debtor’s intent to commit a fraudulent act is presumed (see, e.g., Supreme Court Decision 2000Da41875, Apr. 24, 2001). The instant sales contract date for the Defendant’s good faith begins on June 4, 2018. Since seven months thereafter, C appears to have commenced to pay the outstanding loan amount of the instant real estate from January 22, 2019 (Evidence No. 4), and in light of the value of the instant real estate purchased at the time of the instant sales contract, the Defendant appears to have paid the instant real estate to C’s general creditors (Evidence No. 10, 2008; hereinafter, No. 20180.

arrow