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(영문) 서울중앙지방법원 2017.01.18 2016가단5021547

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s cause of the Plaintiff asserts that B’s transfer of the right to return the lease deposit to the Defendant on the premise that B leased from Gangdong-gu Seoul Metropolitan Government No. 102, Dong 707, Dong 707 (hereinafter “instant apartment”) and paid the lease deposit KRW 100 million to C from Gangdong-gu, Gangdong-gu, Seoul, and that it was a fraudulent act.

(See Attached Form No. 2. 2. The only entry of the evidence No. 2-4 of the judgment No. 2 is insufficient to recognize that B leased the instant apartment and paid the deposit to C, and there is no other evidence to acknowledge it.

Rather, if the results of the financial information inquiry into the Nonghyup Bank and the results of each fact-finding into the F Resident Center and C are added to the purport of the entire pleadings, the Defendant concluded a lease agreement with C to rent the instant apartment on October 18, 201, and paid KRW 18,000,000 to C on October 18, 201, and KRW 90,000,000 on November 30, 201, and the Defendant completed the move-in report on December 5, 201.

In other words, it can be recognized that the defendant directly concluded a lease agreement with C.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.