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(영문) 의정부지방법원고양지원 2016.04.22 2015가단84794
사해행위취소
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On June 3, 2013, the Plaintiff’s claim Hyundai Card Co., Ltd. concluded a credit card use agreement with Nonparty B.

On May 31, 2014, Hyundai Card Co., Ltd. transferred to the Plaintiff an amount equivalent to KRW 870,605, such as the principal amount of KRW 21,290,207, fees, interest, and legal expenses to B, and notified the Plaintiff of its purport.

B. B owned a building indicated in the separate sheet. However, in light of the date of preparation of the sales contract and the remaining payment date, the sales contract was concluded on February 14, 2014 on the instant real estate between the Defendant and the Defendant (hereinafter “instant sales contract”), and on the register dated February 14, 2013, the sales contract was concluded on February 14, 2013. However, it is recognized that the sales contract was concluded on February 14, 2014 in light of the date of preparation of the sales contract and the remaining payment date.

The registration of ownership transfer is completed on February 24, 2014 by reason of a sales contract to the defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. The Plaintiff asserts that, with respect to the instant real estate, which is the only property where B bears the Plaintiff’s obligation, concluding a sales contract with the Defendant and transferring its ownership to the Defendant constitutes a fraudulent act detrimental to the obligee, and seek the cancellation of the sales contract and the cancellation of the ownership transfer registration under the name of the Defendant.

In full view of the results of the inquiry into the fact-finding reply to the Busan Western-gu Office, it is recognized that the real estate of this case was the only real estate at the time of the conclusion of the sales contract of this case, while the real estate of this case was small property as small property was the obligation of Han Bank Co., Ltd. in addition to the obligation of the

As such, the transfer of the instant real estate, the only property that B bears the obligation to the Plaintiff, etc., to the Defendant constitutes a fraudulent act against the Plaintiff, and the two and the Defendant.

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