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(영문) 수원지방법원 성남지원 2018.08.22 2017가단6978

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on July 29, 2016 between C and the Defendant is concluded.

Reasons

1. Basic facts

A. Plaintiff’s claim 1) on November 8, 2013, the Plaintiff sold each real estate listed in [Attachment 1-4] to C, but did not receive 14,128,500 won from C, and paid 13,293,284 won interest on the secured debt of each of the above real estate that C agreed to acquire for payment of purchase and sale price. 2) On August 3, 2015, the Plaintiff filed a lawsuit against C seeking payment of each of the above money under the court’s order 2015Da22792, and received money from the above court on July 15, 2016, “C received money from the Plaintiff at the rate of 27,422,784 won and 14,128,500 won among the above money and 14,500 won per annum from November 12, 2013.”

C filed an appeal against the above judgment on August 2, 2016, but withdrawn the appeal on January 2, 2017, and the said judgment became final and conclusive on August 4, 2016.

B. C’s disposal of each real estate in the separate sheet No. 1) on July 29, 2016, with regard to each real estate listed in the separate sheet No. 1-B, which is the only property owned by it, C, as indicated in the separate sheet No. 1-B, on July 29, 2016, completed the registration of ownership transfer in the future of the Defendant. (2) At the time of the conclusion of the above sales contract, the total market value of each real estate listed in the separate sheet No. 1,615,00 won is KRW 539,615,00, and as to each real estate listed in the separate sheet No. 1,3,5, and 6, the amount of maximum debt was KRW 117 million in the future of D on April 5, 2013.

[Ground of recognition] The absence of dispute, entry of Gap1 through 9, Gwangju City Mayor of this Court, head of Gangdong-gu, and head of Gangnam-gu, the result of fact-finding on the appraiser F's market price appraisal, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of determination as to the Plaintiff’s cause of claim, G of the obligor G.