beta
(영문) 광주고등법원 2016.10.19 2014나12996

사해행위취소

Text

1.The judgment of the first instance shall be modified as follows:

Each real estate listed in the separate sheet between Defendant B and F.

Reasons

1. Basic facts

A. “F” is a pharmacist who operated Q pharmacy from the net world to the conclusion of a monetary loan agreement between the Plaintiff and F, and the conclusion of a monetary loan agreement between F and G. However, G was divided into the land on February 12, 2007, the land on February 14, 201, and the land on October 26, 201, and the land on October 26, 201, respectively.

(2) Around December 1, 2010, the Plaintiff and the Plaintiff, who supplied drugs to his/her pharmacy, borrowed the amount necessary for the payment of the lease deposit from the Plaintiff. (2) Around December 1, 2010, F concluded a lease agreement between G and G, with a view to setting the lease deposit amount of KRW 500 million and KRW 300 million from the completion date of the lease term building; (3) KRW 100 million out of KRW 500 million on the date of the lease contract; and (40 million on the date of the lease contract; and (3) the remainder of KRW 400 million from G to February 28, 201.

On December 1, 2010, F received KRW 100 million from the Plaintiff and remitted it to G. On March 4, 2011, F received KRW 400 million from the Plaintiff and remitted it to G, and paid KRW 500 million in total.

3. On March 4, 2011, V, the Plaintiff’s birth, with a letter of delegation from F and a certificate of personal seal impression, commission the Plaintiff and F to prepare a notarial deed of a monetary loan contract on behalf of the Plaintiff and F, and “the Plaintiff” set the Plaintiff’s payment on March 4, 201 to F on December 4, 201, at the interest rate of 12% per annum, and at the interest rate of 20% per annum, respectively, and the F does not perform this.