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(영문) 서울고등법원 2016.03.22 2015나4186

사해행위취소

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Defendant B served as the Plaintiff’s employee from around November 1994, and Defendant C is the wife of Defendant B, and Defendant A of the first instance trial (hereinafter “A”) was the births of Defendant B from November 2003 to January 201, and retired.

B. D was charged with violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) were committed on Nov. 14, 2014, and was sentenced to the Seoul High Court 2014No1842 sentenced to imprisonment for seven years since that time the said judgment became final and conclusive.

C. D wired money, as seen above, to the national bank account of Defendant B, KRW 9 million in the name of Defendant B on November 30, 2009, and KRW 61 million in its own name on December 3, 2009, and KRW 70 million in total (hereinafter “instant dispute settlement funds”). D.

Defendant B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Defendant C, based on the gift on February 5, 2014 (hereinafter “instant donation agreement”) from the Incheon District Court No. 11185, Jan. 10, 2014, as to the real estate (hereinafter “instant apartment”). However, the instant apartment is the only property of Defendant B.

E. On February 27, 2014, D entered into an agreement on the assignment of claims with the purport of transferring the loan claims to the Plaintiff, while providing the loan to Defendant B.

F. On February 28, 2014, the Plaintiff on behalf of Defendant B by content-certified mail.