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(영문) 대구지방법원포항지원 2016.06.23 2014가합1749

사해행위취소등

Text

1. As to KRW 114,746,00 and KRW 109,586,00 among the Plaintiff, Defendant C’s year from September 26, 2014 to March 10, 2015.

Reasons

1. Basic facts

A. On August 25, 2012, the Plaintiff’s number system 1) constituted the number system consisting of 26 members of the fraternity on August 25, 2012 (hereinafter “number system”) (hereinafter “number system on August 25, 2012”).

(2) On August 25, 2012, the number fraternity was recruited. The monthly payment of KRW 1,200,000 per month from August 25, 2012 to the delivery of the fraternity, and the month in which the fraternity was received is not made. The monthly payment of KRW 1,410,000 per month from the following month to September 25, 2014, the number fraternity was paid, and the Defendant C was paid the KRW 1,410,000 per month from September 25, 2014, and received the KRW 5,9,14,15, etc. of the number fraternity from August 25, 2012; Defendant C joined four old accounts, including No. 5,9,14, and 15, and did not pay all the fraternitys to the Plaintiff until April 25, 2013.

B. On May 15, 2013, the Plaintiff is a number system comprised of 16 members of the fraternity on May 15, 2013 (hereinafter referred to as “number system of May 15, 2013”).

The recruitment of the members was conducted on May 15, 2013. The number fraternity of May 15, 2013, except for the month in which each member received the fraternity from May 15, 2013 to August 15, 2014, paid the fraternity amounting to KRW 20,000,000 for each month, and Defendant C was paid the fraternity amounting to KRW 20,000 for each month in which he received the fraternity amount according to the order of the serial number; 2) Defendant C joined the unit of the second unit of the number fraternity of May 15, 2013 and paid KRW 1,684,00 for the first month to the Plaintiff, and paid KRW 20,000 for the fraternity amount from the Plaintiff around June 15, 2013, but did not pay the fraternity amount after receiving it.

C. The inheritance and division consultation 1) The D, the owner of each of the instant real estate, died on April 21, 2014. The heir is the Defendants and E, who are their children, and the legal share of Defendant C’s inheritance is 1/3. 2) The Defendant C, while over obligations around April 21, 2014, shall not exceed the agreement on the division of inherited property with Defendant B and E, with the content that each of the instant real estate shall be owned solely by Defendant B.