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(영문) 대구지방법원 2015.10.30 2014가합9582

사해행위취소

Text

1.(a)

D (E.E., before name: F) and between Defendant B on March 3, 2014 with respect to the claims described in paragraph 1 of the attached Table.

Reasons

1. Facts of recognition;

A. Between D and January 25, 1995, the Plaintiff returned 150 million won, which is the amount calculated by adding interest to D’s loan, sale price, and acquisition tax payment, to D until then, and agreed to settle the transactional relationship in the past. On February 3, 1995, the Plaintiff agreed to receive KRW 115 million from the end of the additional consultation, but did not receive the said agreement with the lapse of the payment period.

Accordingly, on December 18, 2004, the Plaintiff filed a lawsuit claiming settlement against D, and sentenced D to the judgment that “D shall pay to the Plaintiff the amount of KRW 15 million and the amount calculated by the rate of 20% per annum from March 21, 2004 to the date of full payment.” The above judgment became final and conclusive on November 29, 2007.

(Seoul District Court 2004Gahap1688, Daegu High Court 2006Na3555, Supreme Court 2007Da66330).

D Around July 18, 2005, a lawsuit seeking restitution of unjust enrichment was pending against the Plaintiff. Of them, the Plaintiff was sentenced to a judgment that “the Plaintiff shall pay to D 2,50,000 won and 5% interest per annum from July 28, 2005 to February 9, 2006, and 20% interest per annum from the next day to the day of full payment” and the judgment was finalized on November 29, 2007, as it became final and conclusive on December 29, 2007.

(Seoul District Court 2005Gahap10252, Daegu High Court 2006Na3562, Supreme Court 2007Da66347).

In addition, in the appellate court of the lawsuit filed by G against D for the registration of ownership transfer (Seoul District Court 2003Na17130), "D on October 28, 2004" received legal interest at the rate of 5% per annum from G from January 1, 2005 and from January 1, 2005 to the date of complete payment. At the same time, G is paid 1/4 and its interest in the Daegu Suwon-gu J site.