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(영문) 서울서부지방법원 2018.01.31 2016가합39170

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

C and D’s tort 1) C and D’s travel to and from Japan, and D are children of C and D. D, around May 201, to create and distribute counterfeit works of E, F and G White. C purchased Japanese cans buses, etc. to be used for the above work and sent them to E through D through D. E and E sent the picture to C through D, and C sent the picture to H and I as seen above. < Amended by Presidential Decree No. 23720, Aug. 10, 2012; Presidential Decree No. 23578, Dec. 14, 2012; Presidential Decree No. 23788, Feb. 2, 2012; Presidential Decree No. 23788, Dec. 14, 2012; Presidential Decree No. 23788, Aug. 10, 2012>

C received most of the sales proceeds of the forged work from H and I through the accounts in his name and D.

3) As above, C was indicted for the crime of selling G White products by writing and selling them, and was sentenced to seven years of imprisonment on January 18, 2017, and the above judgment became final and conclusive after being sentenced to the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). C, D and the Defendant were the owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On June 22, 2016, C concluded a contract to sell each of the instant real estate to the Defendant for KRW 2.7 billion (hereinafter “the instant sales contract”). On July 21, 2016, each of the instant real estate was registered for ownership transfer in the future of the Defendant on each of the instant real estate.

2) On July 21, 2016, New Bank Co., Ltd. established a right to collateral security of KRW 1.5 billion with the debtor as the defendant with respect to each of the instant real estate on July 21, 2016. [Grounds for recognition] In the absence of dispute, Gap Nos. 1 through 10, and Eul No. 1 (each entry including each number, and the purport of the whole pleadings). The plaintiff's assertion has the right to claim damages against C and D based on tort.