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(영문) 청주지방법원영동지원 2017.11.29 2016가단1457

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendants and E are siblings as siblings. 2) The Plaintiff is a person holding a loan claim against E.

B. D’s registration of ownership transfer concerning each of the instant real estate 1) D completed the registration of ownership transfer for F land on November 6, 1997 due to sale and purchase conducted on November 3, 1997. (2) D’s registration of ownership transfer for G land and H land on August 4, 2014, respectively, due to inheritance by agreement and division conducted on March 27, 2014.

C. The Defendants entered into a pre-sale agreement with D on April 20, 2015 with respect to each of the instant real estate and the provisional registration of the right to claim ownership transfer, respectively, on April 24, 2015, respectively, completed the registration of the right to claim ownership transfer based on the pre-sale agreement.

(hereinafter referred to as the “instant trade reservation,” and the said provisional registration is referred to as the “instant provisional registration,” D.

1. Two copies of each letter in the name of D are drawn up with respect to the loan obligations against the plaintiff of E in preparation of the second letter as follows:

(hereinafter referred to as "the first letter" and "the second letter" as of July 3, 2015. Each letter written as of June 15, 2015, D promises to dispose of and repay land E (E).

On June 15, 2015, D on June 15, 2015, I promise to pay 160,000 won immediately after trading the land.

July 3, 2015 (a seal)

E. On November 27, 2015, the Plaintiff filed a lawsuit claiming the agreed amount payment against D on November 27, 2015, seeking “160 million won and damages for delay” with the Jeonju District Court 2015da36893.

On June 15, 2015, the Plaintiff agreed on June 15, 2015 that Defendant D paid KRW 160 million to the Plaintiff out of the debt borrowed to the Plaintiff E.

The first letter was presented as evidence, and the first letter was presented.

2. On November 29, 2016, the first instance court sentenced the plaintiff's failure judgment, and the reason is.