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(영문) 의정부지방법원 2016.09.23 2016가단9872

사해행위취소

Text

1. Of the instant lawsuit, as to each real estate indicated in the separate sheet between the Defendant (Appointed Party) and the appointed party, as to each real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. On June 14, 2016, the Plaintiff filed a lawsuit against D and C with the Seoul Central District Court No. 2015da59076, and filed a lawsuit against D and C on June 14, 2016, and sentenced that “D and C shall jointly and severally pay to the Plaintiff the amount of KRW 60,500,000 and the amount calculated at the rate of 20% per annum from March 6, 2015 to September 30, 2015, and 15% per annum from the next day to the date of full payment.” As to the above judgment, D and C appealed appealed with the Seoul Central District Court No. 2016Na39247.

1. C on February 14, 2014, on behalf of D, entered into a contract to delegate a lawsuit on behalf of the Plaintiff as follows (C concluded each of the following delegation agreements on behalf of D), and C jointly and severally guaranteed the obligation of D under the above delegation agreement.

Seoul High Court KRW 2014Na13466 (including value-added tax; hereinafter the same shall apply), KRW 33,00,000 (including value-added tax; hereinafter the same shall apply) in the case of ownership transfer registration (the appellate court, counterpart E, F, hereinafter referred to as the “1 lawsuit”), in the appellate court, the other party E, and F, in the case of Ku Government District Court 2

To hold a separate consultation when appointing a joint counsel;

B. The case involving the confirmation, etc. of the right to passage over surrounding land (the other party G; hereinafter “the second lawsuit”) and the retainerion amount of KRW 500,000,000,000

C. On the other hand, around April 2, 2014, the Plaintiff, D, and C agreed to appoint an additional attorney-at-law as the joint counsel in the first lawsuit of Seoul High Court, who is an attorney-at-law in the Daejeon Office of the Plaintiff, as the joint counsel in the first lawsuit of the Seoul High Court, and set the retainer amount at KRW

2. On October 24, 2014, D entered into a contract to delegate a lawsuit to the Plaintiff as follows, and C jointly and severally guaranteed the obligation that D bears to the Plaintiff under the said delegation contract.

Supreme Court Decision 2014Da22426 Decided the right to passage over surrounding land (the other party G, the final appeal of the second lawsuit; hereinafter referred to as the "third lawsuit") and KRW 5.5 million in retainers

3. D and C shall be October 24, 2014.