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(영문) 광주지방법원 2021.01.15 2020나59443
사해행위취소 등
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The first instance judgment is the purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On October 17, 2014, the Plaintiff purchased real estate stated in the purport of the claim from H and I (hereinafter “instant real estate”), and completed the registration of transfer of ownership under the name of J (the Plaintiff’s father’s father), a trustee, on October 17, 2014. On December 3, 2015, the Plaintiff completed the registration of transfer of ownership under the name of G, a trustee.

B. G obtained a loan of KRW 930 million from the N Cooperatives (hereinafter “N Cooperatives”) with the instant real property as security and used the existing collateral debt repayment and transfer registration expenses, service charges, etc. established in the name of J. G.

(c)

The Plaintiff transferred KRW 56,531,000 in total to the account opened by G during the period from January 6, 2016 to September 17, 2018.

(d)

On June 11, 2018, the Plaintiff made an agreement with G on the following terms (hereinafter “instant agreement”).

1. On June 22, 2018, G or B shall be paid to G or B on June 22, 2018, the contractor (Plaintiff) for the daily amount of KRW 60 million (60,000,000) to be borne by the owner of the building in relation to the balance of K contract L (M) related to the remainder of the K contract at the time, and G or B shall simultaneously implement the change in the name

2. On July 6, 2018, a sale document, including C, D and road shares, G pays to G the daily gold 20,000 won (20,000,000) at the same time as it is issued to a person designated by G, at the time of such issuance.

E. Of the money under paragraph (1) of the instant arrangement, the Plaintiff paid KRW 50 million to G on February 8, 2018, KRW 10 million, KRW 8 million on February 12, 2018, KRW 200,000 on April 27, 2018, and KRW 30 million on July 12, 2018.

F. On December 17, 2018, G completed on December 13, 2018 the registration of ownership transfer on the instant real estate to the Defendant on December 17, 2018.

[Reasons for Recognition] Facts that the plaintiff is a person or has no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 2, 3, and 5, and the purport of the whole pleadings

2. The plaintiff asserted that the real estate of this case was transferred under the name of J and thereafter under G.

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