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(영문) 대구지방법원 2014.07.08 2014가합226

사해행위취소

Text

1. Defendant A’s KRW 215,00,000 and the Plaintiff’s annual rate of KRW 6% from July 1, 2012 to February 5, 2014, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of manufacturing and selling textile and textile products. Defendant A is operating “D” for manufacturing and wholesaleing chemical products in 107 of the Seo-gu C building B in Daegu-gu.

B. From November 30, 2010 to June 30, 2012, the Plaintiff supplied goods, such as fiber, to the above “D”. Defendant A did not pay the price for the goods to the Plaintiff. The price for the goods that the Plaintiff had not received from the Defendant was KRW 215 million until now.

C. On May 20, 2013, Defendant B purchased real estate listed in the separate sheet (hereinafter “instant apartment”) from Defendant A for KRW 2.6 million from Defendant A, and paid the remainder KRW 20 million on the same day, and the remainder KRW 186 million on June 20, 2013, respectively. According to a special agreement, Defendant B kept in the E Licensed Real Estate Agent Office that arranged the said sales contract, and paid the difference thereof to Defendant A.

(hereinafter “instant sales contract”). D.

Since then, Defendant A completed the registration of the division support of the Daegu District Court on the apartment of this case and the registration of the transfer of ownership with No. 69198 on May 21, 2013 to Defendant B.

E. At the time, the instant real estate was established with the maximum debt amount of KRW 123.6 million, and the Korea Housing Finance Corporation (a bank, one of the joint stock companies, transferred the confirmation claim against Defendant A to the Korea Housing Finance Corporation on August 26, 2010, and the registration of the vice branch branch of the Daegu District Court and the additional registration of the mortgage transfer was completed as of June 13, 201, as of June 13, 201) of the Korea Housing Finance Corporation, which was made by the debtor A. However, the Defendant B repaid the secured debt of the said collateral and cancelled the registration of the establishment of the neighboring mortgage on May 29, 2013 after completing the registration of ownership transfer under its name.

【Defendant A: Judgment without pleading (Article 208(3)1 of the Civil Procedure Act) (Article 208(3)1 of the Civil Procedure Act): Facts that there is no dispute, Gap’s subparagraphs 1 and 2, and Eul’s subparagraphs 1 through 2.