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(영문) 청주지방법원 2015.04.21 2013나4495 (1)

사해행위취소

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1. The plaintiff's appeal and the changed claim in exchange between the trial are all dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff supplied rice to the deceased F (hereinafter “the deceased”) from around 2008 to February 6, 2012, but was not paid KRW 116,120,000 from the deceased’s purchase price (hereinafter “the instant grain payment claim”).

B. The deceased’s wife C completed the registration of ownership transfer as to each of the instant real estate by the Cheongju District Court, Cheongju District Court No. 4505 and No. 4506 on March 4, 2008. On April 1, 2009, he concluded a sales contract with G on April 1, 2009, and completed the registration of ownership transfer for G on April 2, 2009 on the said 1/2 shares.

C. On February 21, 2012, the Deceased inherited the Deceased: C, D, and E (hereinafter referred to as “C, etc.”) upon the death of the Deceased on or around February 21, 2012; and the inheritance share is C3/7, D, and E, respectively.

C On April 5, 2012, between the Defendant, who is the deceased, entered into a sales contract on the one-half shares of each of the instant real estate (hereinafter “each of the instant shares”) (hereinafter “instant sales contract”). As to each of the instant shares on April 6, 2012, the registration of ownership transfer (hereinafter “registration of each of the instant shares”) was completed on April 6, 2012 by Cheongju District Court No. 7282, Cheongju District Court’s receipt on April 6, 2012.

E. On March 4, 2008, prior to the conclusion of the instant sales contract, C created the first priority collective security (hereinafter “first priority collective security”) with respect to the entire real estate of this case to the debtor C, the maximum debt amount of C, 364,000,000 won. On the same day, C created the second priority collective security (hereinafter “second priority collective security”) with respect to the debtor C, the maximum debt amount of C, the maximum debt amount of 65,000,000 won to the Cheongcheon Credit Union. On March 23, 2009, C created the third priority collective security (hereinafter “third priority collective security”) with respect to the whole real estate of this case to H, the debtor C, the maximum debt amount of 120,000,000 won.