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(영문) 대전고등법원 2016.01.13 2014나14465

사해행위취소 등

Text

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

The defendant and C Co., Ltd are listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s occurrence of a claim against C Co., Ltd. 1) The Plaintiff is a C Co., Ltd. (hereinafter “C”) that operates the creation, creation, and sales business.

(2) The Plaintiff applied for a payment order against C on July 31, 2013, seeking the payment of the amount of the goods unpaid until the time the Daejeon District Court 2013 tea7825, the amount of the goods unpaid as of February 13, 2013 exceeds KRW 167,233,982. 2)

8. 13. From the above court, the above court received a payment order stating that “C shall pay to the Plaintiff 220,000,000 won with 20% interest per annum from the day following the service of the original copy of the payment order ( August 17, 2013) to the day of complete payment,” and this year.

8. 31. The above payment order was finalized.

B. C’s debt status and disposal of real estate 1) C’s each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on May 29, 2013.

(2) As to the instant sales contract on April 29, 2013 (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, C did not have any particular property other than each of the instant real estate. As of May 23, 2013, the market price of each of the said real estate was KRW 1,951,037,000, and each of the said real estate was completed with respect to the establishment registration of a neighboring mortgage in the name of the Daejeon Chungcheongnam-Namon Livestock Industry Cooperative with the maximum debt amount of KRW 1,560,000, and the provisional registration of the Defendant’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) as of February 17, 201.

The creditor's debts amounting to 1,200,000 won 1,200,000 won 21,000,000 won 3 national bank loans amounting to 1,20,000 won 4,00,000.