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(영문) 광주지방법원순천지원 2015.08.26 2014가단75572

사해행위취소

Text

1. As to each real estate listed in separate sheet 1 to 6:

A. It was concluded on October 2, 2012 between the Defendant and D.

Reasons

1. Fact-finding [based on recognition] The statements in Gap evidence 1 through 9, witness D’s testimony, and the purport of the entire pleading E (Death on October 1, 2013) determined and lent KRW 70 million to the defendant on March 9, 2012 as interest rate of KRW 3% per month without fixing the due date for repayment. The Co., Ltd. (hereinafter “KW E&C”) delivered to E a promissory note amounting to KRW 70 million on March 9, 2012 in order to guarantee the above loan obligation.

Around October 23, 2013, the Plaintiffs, the heir of E, filed a lawsuit against the Defendant and the K&W E, as the District Court 2013Kadan1604000, against the Defendant and the K&C C&C E, and on May 20, 2014, the said court rendered a judgment that “the Defendant and the Plaintiff A of the K&C C&C C&C, as the Plaintiff, are paid 30% per annum from September 9, 2013 to March 28, 2014, and 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive on July 20, 2014.

D Under excess of debt, the total amount of KRW 70 million against the plaintiffs and the total amount of KRW 40 million as of February 27, 2010, KRW 30 million as of September 10, 2013, KRW 110 million as of September 10, 2013, or KRW 140 million as of KRW 10 million (negative) exceeds the value of the real estate of this case (affirmative).

Attached Form

As to each real estate listed in list 1 through 6, a sales contract was concluded between the Defendant and the Defendant on October 2, 2012, with the purchase price of KRW 50 million, KRW 6,000,000,000, KRW 2012-392, and the registration of ownership transfer was completed on October 8, 2012 by the old-end registry office of the Busan District Court’s YY-gu Branch of the District Court, which received KRW 6836, and the Defendant entered into a sales contract with the Defendant on November 18, 2013 with the purchase price of KRW 3.5 million on November 22, 2013, and the registration of ownership transfer was completed as the receipt of KRW 8001 on November 22, 2013.

2. Determination;