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(영문) 수원지방법원 2017.08.11 2016가합74053

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty B, an employee of the Plaintiff Company, was sentenced to two years of suspension of the execution of one year as of August 12, 201, in collusion with other employees in a casino operated by the Plaintiff Company, for the crime of theft of checks, etc., (a) Nonparty B, who was sentenced to one year of imprisonment with labor on August 12, 2011. Although B appealed, on December 7, 2011, the lower court sentenced the dismissal of the Plaintiff on December 7, 2011, as of Chuncheon District Court Decision 2011No642, Dec. 15, 2011. The said judgment became final and conclusive on December 2, 2011. The Plaintiff Company filed a lawsuit against Nonparty B with the Defendant for damages claim amounting to KRW 115 million and the damages damages claim amounting to KRW 115 million,500,000,000,000,000 from 200 to 201.

B. The Defendant’s real estate lease 1) the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On April 9, 201, C and Nonparty C shared 1/2 shares. On May 30, 201, C leased the instant real estate to the Defendant from May 31, 2011 to May 31, 2013. B and C leased the instant real estate to the Defendant on May 31, 2013, with the same amount of the lease deposit, the lease term from May 31, 2013 to May 30, 2015, with the brokerage of Nonparty D, a licensed real estate agent, extended the lease term from May 30, 2015 to May 31, 2015.

C. Revocation of compulsory auction for the instant real estate and the Defendant’s purchase of the instant real estate by the Plaintiff Company filed an application for compulsory auction against B’s shares among the instant real estate in order to preserve the claim against B, and the Suwon District Court E.