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(영문) 대구지방법원 서부지원 2018.11.13 2018가단54702
사해행위취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the witness C's testimony, and the purport of the whole pleadings.

On October 7, 2014, the Plaintiff filed a lawsuit seeking a loan with the Daegu District Court 2016Kadan131813, asserting that the Plaintiff lent KRW 200,000,00 as investment money to C and E and F, but did not receive such refund.

In the above lawsuit, C, E, and F jointly and severally decided on February 3, 2017 to pay to the Plaintiff 110,000,000 won and damages for delay.

B. The defendant is the birth of C.

On March 26, 2012, the Defendant remitted KRW 138,750,00 to C’s wife G, and delivered KRW 100,000,000 to C by cashier’s checks on February 28, 2014.

C. C owned an apartment building No. 101, 1802, 101, 1802 (hereinafter “instant H apartment”) in Daegu-gun, but completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 250,000,000 to the Defendant on December 27, 2016.

At the time, H apartment was the only property of C. D.

C on April 2, 2017, the instant H apartment was sold in KRW 410,00,000, and the registration of ownership transfer was completed on May 4, 2017.

On May 4, 2017, the Defendant entered into a lease contract for lease on a deposit basis with J as to the instant apartment from May 4, 2017 to May 3, 2019, and completed the registration of the establishment of chonsegwon on the instant apartment.

E. C shall file a move-in report on the instant DNA apartment on May 4, 2017, and thereafter reside in the instant DNA apartment from that time until that time.

2. The Plaintiff’s assertion C sells the instant H apartment, the only property of which is the H apartment, and donated KRW 180,000,000, out of the purchase price of KRW 410,000,00 to the Defendant, or by making the lease right under the name of the Defendant as to the instant apartment.

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