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(영문) 울산지방법원 2020.08.25 2019가단126098

사해행위취소

Text

1. As to real estate listed in Attachment 1:

A. The sales contract was concluded on April 22, 2016 between Defendant D and C.

Reasons

1. Facts of recognition;

A. On January 9, 2014, the Ulsan District Court sentenced the above company’s deposit KRW 464 million to its own account from October 24 to October 31, 203, and sentenced one year and six months of imprisonment with prison labor and three years of suspension of execution for the criminal facts that he/she embezzled the above company’s deposit amounting to KRW 464 million from October 24, 203 to his/her own account. The Plaintiff, the representative of E, filed a compensation order in the above criminal case, and received a compensation order that “C would pay KRW 161,08,383 to the Plaintiff.”

Ulsan District Court (No. 2013 Highest 3751, 203 First 993). (b)

On April 22, 2016, C entered into a sales contract with Defendant D on KRW 5 million with regard to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) (hereinafter “the instant sales contract”), and on April 29, 201, Defendant D completed the registration of ownership transfer (hereinafter “the instant sales registration”) under the receipt of the Yangsan District Court’s Yangsan District Court’s receipt of registration office on June 14, 2019, and Defendant D donated the instant real estate to Defendant B on June 14, 2019, and completed the registration of ownership transfer (hereinafter “registration No. 1 donation”).

C. On the other hand, on November 1, 2013, C completed the registration of ownership transfer (hereinafter “registration of title 2”) on the real estate listed in attached Table No. 2 (hereinafter “instant real estate”) with the Ulsan District Court Yangsan District Court’s receipt of 58789, October 29, 2013, with regard to Defendant D on November 1, 2013.

C and Defendant D, after the divorce on December 28, 201 after the divorce on March 26, 201, married on March 26, 2013, and the divorce on November 2, 2015, respectively. Defendant B is a child of Defendant D.

E. C was insolvent at the time of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, 3, 4 and 5 evidence, the purport of the whole pleadings

2. As to the claim related to the first real estate of this case.