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(영문) 대구지방법원 2018.01.25 2017나306066

청구이의

Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. 1 The defendant, on July 15, 2005, KRW 30 million to the plaintiff and the same year

7. A total of KRW 45 million (hereinafter referred to as “No. 1”) was remitted on 25.15 million.

2) The Defendant: (a) KRW 3 million on August 14, 2005; (b) KRW 2 million on December 24, 2005; and (c) KRW 8 million on March 25, 2006; (b) KRW 3 million on March 25, 2006; (c)

B. (1) On August 7, 2006, the Plaintiff and the Plaintiff’s husband G transferred the registration of ownership transfer under the name of E on the ground of the sales contract dated July 31, 2006 (hereinafter “instant sales contract”) with respect to the attached list of real estate (hereinafter “instant real estate”).

2) On March 14, 2007, the Plaintiff and the said G creditors Korea Technology Credit Guarantee Fund filed a lawsuit seeking the cancellation of the instant sales contract on the ground of fraudulent act under the Daegu District Court Branch Branch Branch 2007Gahap397, and the above distribution branch rendered a judgment of accepting the claim for revocation of fraudulent act on December 18, 2008, and the above judgment became final and conclusive. (C) On November 5, 2009, the Defendant made a loan against the Plaintiff at the Daegu District Court Decision 2009Da14287, “The Defendant specified KRW 1 and 2 as interest rate 2% to the Plaintiff,” and the Plaintiff applied for the payment order at the same rate of KRW 106,816,354 (principal interest rate up to October 31, 2009) and the Defendant’s payment order at the same rate of KRW 53 million from November 1, 2009 to 209 to 14% of the same purport.”

(4) On November 24, 2009, the Plaintiff issued the instant payment order on November 24, 2009, and the instant payment order became final and conclusive on December 9, 2009 due to the Plaintiff’s receipt of the original copy of the instant payment order as the Plaintiff did not raise any objection. D. The Defendant is the procedure for compulsory auction by official auction (hereinafter “instant auction procedure”).

From November 23, 2010 to November 23, 2010, 30,095,819 won as a creditor on the instant payment order (hereinafter referred to as “instant case”).