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(영문) 전주지방법원 2018.10.31 2018가단3221

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 11, 2017, the Plaintiff filed an application with D and C for conciliation against other (money) as 2017 money and KRW 4102. However, on September 12, 2017, the conciliation was not completed, and the principal lawsuit was initiated by the Jeonju District Court 2017Kadan22478, and on January 9, 2018, the said court rendered judgment to D and C with respect to KRW 31,968,000 as to each of the Plaintiff and KRW 7,568,00 as to KRW 31,968,00 as to KRW 31,968,00 as to KRW 7,568,00 as to KRW 24,40,00 as to each of the Plaintiff, from September 1, 2015 to January 9, 2018 to KRW 15% as to each of them, and the appellate court rendered judgment and the appellate court rendered judgment to C continue to pay money at the present.

(hereinafter referred to as “related litigation”). (b)

C On September 2, 2017, on which the relevant lawsuit was pending, on September 2, 2017, the Defendant and the Defendant entered into a sales contract with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with regard to the purchase price of KRW 40/1010,000,000, which is one’s own shares (hereinafter “instant shares”), and additionally, the Defendant paid KRW 3 million to the account designated by C in the name of E, and the Defendant would bear all of the expenses related to the instant shares, such as the registration cost and acquisition tax.

(hereinafter “instant sales contract.” According to the instant sales contract, the Plaintiff deposited KRW 24,377,00 in the account under C’s name on the same day, and KRW 3 million in the account under the name of E designated by C, and the Defendant borne all of the registration expenses, acquisition tax, etc., and completed the instant share transfer registration in C’s name and the share transfer registration in the name of the Defendant on September 29, 2017.

C. At the time of the instant sales contract, C did not possess any property other than the instant shares, and only did it possess a small property.

[Ground of recognition] The entry of Gap 1, 2, Eul 1 through 4 (including each number), the substantial facts in this court, and the result of this court's order and reply to the submission of documents to the Korean Credit Information Institute;