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(영문) 대전지방법원 천안지원 2018.03.29 2016가단111641

사해행위취소

Text

1. Of each real estate listed in the separate sheet between the defendant and C, each share indicated in the separate sheet shall be made on November 16, 2015.

Reasons

1. Basic facts

A. (1) The Plaintiff’s claim 1) transferred to C totaling KRW 50,000,000 over 17 times from March 27, 2014 to January 5, 2015. (2) C issued a promissory note as of March 15, 2016, with the Plaintiff as the addressee, with the Plaintiff’s KRW 46,00,000,000 at face value, and the due date as of July 31, 2016. On the same day, the Plaintiff and C drafted a notary public’s deed of promissory note as of July 243, 2016.

3) On August 1, 2016, C prepared a statement of performance that the Plaintiff would pay interest of KRW 46,00,000 to the Plaintiff on January 5, 2015 as 2% per month from January 5, 2015. B. D, C, and E, each of the real estates listed in the separate sheet (hereinafter “instant real estate”) from F, have completed the registration of ownership transfer on June 10, 204 with respect to each of the real estates listed in the separate sheet (hereinafter “instant real estate”).

Since then, D, C, and E operated the age club of the trade name “G” in the instant real estate.

2) On April 15, 2015, a decision to commence compulsory auction was made on April 15, 2015 with respect to each one-third portion of the instant real estate owned D, and the auction was conducted on April 15, 2015, and I (the Defendant and I are the relationship between the mother and the fraudulent act).

(3) On November 5, 2015, the Plaintiff entered into a mortgage agreement with the Defendant on November 16, 2015 (hereinafter “instant mortgage agreement”) with a maximum debt amount of 1.8 billion won as to each of the instant real estate C and E’s shares (a total of 2/3 shares) out of the instant real estate, and completed the registration of ownership transfer on the same day. On November 16, 2015, the Plaintiff entered into a mortgage agreement with the Daejeon District Court (hereinafter “instant mortgage agreement”). On November 19, 2015, the Plaintiff completed each of the establishment of mortgage registration (hereinafter “the establishment of mortgage registration of the instant neighboring real estate”) under the receipt of No. 78370 on November 19, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 shall include a number.