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(영문) 대구지방법원 의성지원 2018.10.31 2017가단10604
사해행위취소
Text

1.(a)

The sales contract concluded on April 10, 2015 between the defendant and B on the real estate stated in paragraph (1) of the attached list 6.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B was created from March 24, 2012 to May 17, 2012, and from May 18, 2012, the Cmedical Credit Union (hereinafter “Cmedical Credit Union”) borrowed the Plaintiff’s name of Cmedical Credit Union so that it can establish a medical institution to D, E, and F without any qualifications to establish a medical term as the president of C Medical Credit Union from May 18, 2012.

D, E, and F claimed KRW 6,934,047,510 in total as costs of health care benefit to the Plaintiff from May 2012 to December 2014.

B. B (1) On April 10, 2015, B entered into a sales contract with the Defendant to sell real estate listed in attached list No. 1, and completed the registration of ownership transfer as the receipt No. 3623 on April 16, 2015, and the Defendant sold the land to B on April 25, 2017, and the registration of ownership transfer was completed as the receipt No. 4431 on April 28, 2017 by the Gun Branch of the Daegu District Court and the Gun Branch of the Daegu District Court completed the registration of ownership transfer as the receipt No. 4431 on April 28, 2017. (2) B entered into a sales contract with the Defendant to sell each real estate listed in attached list No. 2-4 (hereinafter “instant sales contract”), and the registration of ownership transfer was completed as the receipt of the sales contract on April 16, 2015.

C. Insolvent B was insolvent at the time of entering into the instant sales contract, and is also the same.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1-3, 5, 6, 12, 15 (including various numbers, if any), Eul’s evidence No. 5, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. On April 13, 2015, the Plaintiff asserted that he/she was a suspect of a violation of the Medical Service Act by the Daegu Regional Police Agency, and became aware of B’s criminal act. Since the Plaintiff was entitled to inquire about B’s property relationship, the Plaintiff’s ownership transfer registration regarding each real estate listed in the separate sheet is made on April 16, 2015.

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