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(영문) 부산지방법원동부지원 2014.12.12 2014가단200239

사해행위취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From November 30, 2010 to May 2, 2011, Plaintiff A loaned KRW 100 million to Nonparty E, but failed to repay, Plaintiff A filed a lawsuit (U.S. District Court 201Gadan87859) against Nonparty E, and on March 23, 2012, the decision of recommending settlement that E would pay KRW 100 million to Plaintiff A by April 30, 2012 became final and conclusive.

B. On April 11, 2011, Plaintiff B agreed to receive the total amount of KRW 60 million of the principal and interest of the previous loan from E after one year, but E did not implement the said agreement, Plaintiff B filed a lawsuit against E to claim the agreed amount (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 2012Ga14724). On September 18, 2012, E made a final decision to recommend reconciliation with the purport that E will pay KRW 60 million to Plaintiff B.

C. On the other hand, on May 31, 2012, E entered into a sales contract with Nonparty I and J with respect to the land size of H 869 square meters in Kimhae-si, one of its own possession, and the same year.

6.5. Completion of the registration of transfer of ownership on June 8, 2012, after entering into a sales contract with Nonparty I and L with respect to the amount of 710 square meters in K 710 square meters, which was one’s own ownership on the same year.

6.13. Completion of the registration of ownership transfer.

On June 7, 2012, Nonparty E paid to Defendant D one sheet of KRW 50 million on the check, and deposited KRW 5,080,000 in total from April 10, 2012 to October 10 of the same year with Defendant D’s account (In Busan Bank G). Nonparty C paid KRW 1 copy of KRW 40 million on the check on April 13, 201, KRW 50,000 on the 140,000 on the 14th of the same month, and KRW 1 copy of KRW 50,000 on the 14th of the same month, and KRW 20,000 on the 14th of the same month.

E. Nonparty E’s active property at around May 2012, where Nonparty E paid the said checks to the Defendants, there was KRW 501,500,000 for the land price of Nonparty E, KRW 2,00 for Kimhae-si, KRW 501,50,00 for the land price of Nonparty E-2, KRW 110,00 for the N apartment at Busan Shipping Daegu, KRW 110,80,000 for the value of KRW 110,000 for 110,000 for the value of KRW 305,000 for the E-shares, KRW 13,50,000 for the vehicle of Nonparty 1 and KRW 4,50,000 for the vehicle of this year, and KRW 40,000 for the bill payment order for the Plaintiff for the small property.