beta
(영문) 대전지방법원 2016.11.17 2016나103604

사해행위취소 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

The plaintiff's claim against the plaintiff Eul is a company that sells medical devices, and Eul is a person who operates D's won in Daejeon Jung-gu.

From 2006 to November 12, 2014, the Plaintiff supplied a medical device to B. The amount of goods that the Plaintiff failed to pay after receiving the medical device from the Plaintiff was KRW 245,959,350 as of December 15, 2009, KRW 190,000,000 as of May 2014, and KRW 194,634,350 as of November 12, 2014 as of the final transaction date.

B’s disposal act against the Defendant was KRW 315,00,000 on May 29, 2012, and KRW 70,00,000 on August 22, 2013, and KRW 151,517,195 on May 12, 2014, and KRW 62,50,00 on May 13, 2014.

On May 12, 2014, the Defendant entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with respect to each real estate listed in the separate sheet owned by B (hereinafter “each real estate of this case”) and 42 square meters on each individual real estate, Dong-gu, Daejeon District Court’s Daejeon District Court’s receipt of May 12, 2014, and completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”).

3) As between November 14, 2014 and B, the Defendant concluded a sales contract for each of the instant real estate and the land of the Daejeon Dong-gu, Daejeon (hereinafter “instant sales contract”).

(2) On the ground that the registration of ownership transfer was entered into on November 19, 2014 (hereinafter “instant registration of transfer”) by the Daejeon Daejeon Registry No. 67195 (hereinafter “instant registration of transfer”).

Upon completion of the provisional registration of this case, the principal registration based on the provisional registration of this case was completed, and the registration of this transfer was completed.

1. In the case of the purchase and sale reservation of this case, the Plaintiff’s active property at the time of the purchase and sale reservation of this case: 1,402,560,00 won at the market price; 2, G land at the market price at KRW 313,082,00, and 3, H land: Market price at KRW 106,704,00;