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(영문) 광주지방법원 2019.11.27 2019가단518341

사해행위취소

Text

1. As to the 10,000 shares of the real estate listed in the separate sheet between the defendant and C, the agreement was made on May 28, 2018.

Reasons

Basic Facts

On August 20, 2002, the Plaintiff was issued a payment order against C with the content that “C shall pay to the Plaintiff 20,476,068 won and 10,000 won per annum from September 30, 2016 to the date of full payment,” and the above payment order was finalized on January 17, 2017.

C On May 28, 2018, the Defendant entered into a sales contract for selling 10,000 shares of C among the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and on May 30, 2018, the Defendant completed the registration of ownership transfer on the ground of “10,000 shares of the instant real estate” on May 30, 2018.

C was in excess of the obligation at the time of the instant sales contract.

[Based on the basis of recognition, Gap evidence Nos. 1 and 2 (including the number with additional numbers; hereinafter the same shall apply), and the result of the fact-finding on Jeonnam-do, Jeonnam-do, as a result of the tax information inquiry about the director of the tax office of North Korea in this court, according to the whole purport of this court's determination as to preserved claims, the plaintiff's above transferred money claims against Eul are established prior to the conclusion of the sales contract of this case, and they constitute preserved claims for revocation of fraudulent act.

The act of selling 10,00 shares of 94,661 of the instant real estate in excess of the debt by C and C is a fraudulent act against ordinary creditors including the Plaintiff, and as C sold the said shares in excess of the debt, C's intention to commit suicide is recognized, and the defendant's bad faith is presumed.

The defendant's decision on the defendant's good faith argument shall be made with respect to the above shares of pro-friendly C.