(영문) 대구지방법원포항지원 2015.02.10 2014가단8378

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(영문) 대구지방법원포항지원 2015.02.10 2014가단8378

사해행위취소등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4, and Eul evidence No. 1.

B From May 2014, the Plaintiff began to pay the credit card fee issued by the Plaintiff and lost the benefit of time at that time. The Plaintiff has a credit card payment claim of KRW 8,350,290 in total against B as of August 22, 2014.

B. The Defendant and B filed a marriage report on June 23, 2008 and lived as a husband and wife, and they filed a divorce by filing a divorce report on June 27, 2014.

C. The instant real estate was traded on February 1, 2010 for the same year.

3.2. The transfer registration under B was completed, and B completed on March 14, 2014 with respect to the instant real estate, which is the only property owned by B, the ownership transfer registration based on donation to the Defendant (hereinafter “instant transfer registration”). D.

At the time of the registration of ownership transfer of this case, the market price of the real estate of this case was KRW 42,00,000, and the maximum debt amount was KRW 10,400,000 for the said real estate, and the total debt amount was KRW 8,000.

2. Determination

A. The Plaintiff asserts that, under the circumstance that B bears the obligation to pay the card price to the Plaintiff, he/she disposes of his/her only real estate in the form of donation to the Defendant, who is the sole wife, and thereby, in excess of his/her obligation, the above donation contract between B and the Defendant constitutes a fraudulent act, and accordingly, he/she seeks registration of cancellation of ownership transfer registration in the name of the Defendant, as the restoration to

B. The division of property following a divorce is a system that has the economic difficulty in the nature of the liquidation of the joint property achieved by the cooperation of both spouses during the marriage, and has already been in excess of the debt.

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