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(영문) 서울중앙지방법원 2018.11.14 2018가합524820

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. On July 14, 2011, the above court rendered a ruling that “D shall pay C 1,074,300,000 won with the interest of 5% per annum from June 17, 2011 to July 14, 2011, and 20% per annum from the next day to the day of full payment” (hereinafter “the judgment of the Government of this case”). D appealed appealed as Seoul High Court Decision 201Na61396, Apr. 27, 201, and the appeal of this case became final and conclusive since it did not object to the judgment of the Government of this case.”

B. The Plaintiff filed a lawsuit against the Plaintiff as Busan District Court Branch Branch 2013Gahap3629, and on October 24, 2013, the said court rendered a judgment that “C shall pay to the Plaintiff 124,517,518 won and 98,290,198 won with interest of 20% per annum from August 16, 2013 to the date of full payment” (hereinafter “the judgment of the Plaintiff”). The judgment of the Plaintiff became final and conclusive around that time.

C. Each registration of ownership transfer has been completed in the name of G, which is a arche of D, with respect to E forest E 13,519 square meters (hereinafter “E forest”) and 13,587 square meters of F forest land in Gyeonggi-gun, Gyeonggi-do (hereinafter “F forest”). On April 6, 2016, “A” and “A” have the following terms and conditions with respect to E forest and F forest: the Government District Court 2009Gahap1171 (main claim) with the Government District Court 20171 (Counterclaim) with the Government District Court 2010Gahap13852 (Counterclaim): D’s creditor and debtor: The creditor and debtor obtained permission under the name of G and the debtor with the agreement between the creditor and the debtor to pay the amount by mutual agreement.