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(영문) 대구지방법원 2017.04.20 2016가합203753

사해행위취소

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1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant C Co., Ltd. shall be KRW 300,000,000 and this shall apply to the Plaintiff.

Reasons

Facts of recognition

A. On September 1, 2011, two so-called “instant building” was completed in the name of F on September 1, 201 in order to construct multi-family houses, etc. (hereinafter “instant building”) indicated in the separate sheet on the land in Daegu-gu E (hereinafter “instant land”) and was granted a building permit in the name of F on December 30, 201.

B. The Plaintiff’s repayment period of KRW 300 million to F on March 12, 2012, for the construction cost of the instant building.

6. 12. Around 12. Around 2.19, two so-called a joint and several surety company.

C. During the construction of the instant building on May 10, 2012, Defendant C Co., Ltd. sold the instant building to Defendant C Co., Ltd. on May 10, 2012. Following: (a) Defendant C Co., Ltd. sold the instant building to Defendant C Co., Ltd.; (b) KRW 500 million borrowed money to the Plaintiff, ② KRW 300 million borrowed money to the Plaintiff; (c) KRW 116,500,000; and (d) KRW 936,50,000,000,000 in total, including the agreed amount of KRW 20,000,000 for each subcontractor; and (b) the seller, the seller, agreed to each of the above creditors and the amount of credit to the above Defendant on May 1, 2013; and (c) Defendant C Co., Ltd. transferred the name of the representative director of the instant building from the name of the owner of the building to B.

On June 5, 2013, Defendant AD Co., Ltd.: (a) completed the registration of ownership transfer on the instant land on the grounds of a voluntary auction on June 5, 2013; and (b) Defendant B changed the name of the owner of the instant building to AD display on July 2, 2015.

E. Thereafter, on December 3, 2015, the Daegu District Court’s receipt of the registration office of the instant building on December 3, 2015 as the Defendant, Inc.’s International Transfer No. 29135.