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(영문) 부산지방법원 2015.07.02 2014나16873

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2.(a)

On January 24, 2014, it is concluded between C and the defendant as to the motor vehicles indicated in the attached Form.

Reasons

1. Facts of recognition;

A. On December 16, 2013, the Plaintiff filed a lawsuit against C in Busan District Court 2013 Ghana125131, and was sentenced to the judgment that “C shall pay to the Plaintiff the amount of KRW 4 million and the amount calculated at the rate of 5% per annum from October 30, 2012 to December 16, 2013, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive on October 25, 2014 through the appellate court.

In addition, the Plaintiff filed a lawsuit against C in Busan District Court 2013Kadan74161, May 9, 2014, and filed a lawsuit against C with the Plaintiff for damages, and the Plaintiff paid 3 million won and 5% interest per annum from January 1, 2012 to May 9, 2014, and 20% per annum from the next day to the date of complete payment. The said judgment became final and conclusive on May 28, 2014.

On the other hand, on January 8, 2014, the Plaintiff recovered KRW 299,000 through the execution of corporeal movables (Jasan District Court 2013No9013) to C.

B. On January 24, 2014, C entered into a transfer contract with the Defendant with respect to a motor vehicle listed in the separate sheet owned by C (hereinafter “instant motor vehicle”) (hereinafter “instant transfer contract”). On January 24, 2014, C completed the registration of transfer of ownership with D on January 24, 2014 to the Defendant.

C. On November 20, 2014, C was sentenced to a fine of KRW 700,000 as a crime of evading compulsory execution at the Busan District Court on November 20, 2014, and the said judgment became final and conclusive on November 28, 2014.

On the other hand, C entered into a lease agreement with F on August 7, 2006 with respect to the 25th square meters of the land building G in the Dong-gu, Busan, with the deposit amount of KRW 20 million, KRW 220,000 per month of rent, and KRW 20,000 per month from August 7, 2006, and paid the deposit amount of KRW 20 million to F, and after completing a resident registration with the delivery of the above real estate, C is residing in the above real estate until now.

E. C is the instant automobile from 2009 to June 2014.