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(영문) 수원지방법원 안산지원 2018.11.06 2017가단16167
사해행위취소
Text

1. The contract of donation concluded on April 26, 2017 between the Defendant and B is revoked.

2...

Reasons

1. Facts of recognition;

A. B begins with delay in the payment of a credit card from April 24, 2017 and bears the Plaintiff’s obligation of KRW 13,614,367 as of September 2, 2017.

Accordingly, the Plaintiff filed an order for payment of the card price in arrears against B (this Court No. 2017 tea5893) and received the payment order on June 28, 2017, which became final and conclusive on July 13, 2017.

B. B, on April 26, 2017, the Defendant asserted that the instant house was purchased by himself/herself and completed the registration of ownership transfer in the name of B for the convenience of the loan, which is the only property of his/her wife (hereinafter “instant house”) stated in the separate sheet, which is the only property attached to the Defendant, as the Defendant’s wife (hereinafter “instant house”), with the help of his/her wife, and there is no other evidence to acknowledge the said assertion.

The gift contract of this case (hereinafter referred to as "the gift contract of this case") was concluded, and the registration of transfer of ownership was completed on April 26, 2017 by this court No. 29907 in the name of the defendant on the same day.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, each fact inquiry results against the President of the Korea Credit Information Institute, President of the Ansan-si, and the purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s credit card use-price claim against B arising prior to the conclusion of the instant gift agreement, the above claim is subject to the obligee’s right of revocation.

B. Since B, who was liable to the Plaintiff as above, was insolvent by entering into the instant donation contract with the Defendant, one’s wife, regarding the instant housing, which is one of its own property, as to the establishment of the fraudulent act and the presumption of bad faith, the instant donation contract becomes a fraudulent act against the Plaintiff, and its intention is sufficiently recognized, and the Defendant’s bad faith is also the beneficiary.

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