logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 인천지방법원 2015.02.12 2012가합19396
사해행위취소등
Text

1. Defendant C shall pay 830,000,000 won to the Plaintiff and 20% per annum from November 23, 2012 to the date of full payment.

Reasons

1. As to the plaintiff's claim against the defendant C

A. Considering the following facts and circumstances that can be acknowledged by comprehensively taking account of the overall purport of pleadings as to the respective descriptions of Gap evidence Nos. 1 through 3 and 11 through 13 (including virtual numbers; hereinafter the same shall apply), the facts that the plaintiff lent KRW 830,000,000 to Defendant C, around November 23, 2010, and KRW 150,000,000 around December 3, 2010, and KRW 230,000,000,000 around December 27, 2010 are insufficient solely with the statement No. 30,000,000.

The amount of KRW 400,00,000 on November 23, 2010 and KRW 100,000 on December 3, 2010 was deposited from the account in the name of the Plaintiff’s spouse, and KRW 230,00,000 on November 23, 2010 was deposited from the account in the name of the Plaintiff, and KRW 230,00,000 was deposited from the account in the name of the Defendant C on December 27, 2010.

Defendant C prepared receipts of KRW 450,000,000, around November 23, 2010, and KRW 150,000,000, around December 3, 2010, respectively, to the Plaintiff.

As to subparagraph 103 of the F building located in Bupyeong-gu Incheon Metropolitan Government on December 17, 2010 (hereinafter “instant F building”), Defendant C: (a) registered the establishment of chonsegwon amounting to 400,000,000 won for lease on a deposit basis; and (b) the Plaintiff also completed the registration of the establishment of chonsegwon amounting to 240,000,000 won for the contract concluded on November 23, 2010; and (c) Defendant C’s registration of the establishment of a neighboring building on December 27, 2010; and (b) registered the establishment of a mortgage by Defendant C on December 27, 2010 for the Plaintiff as to Article 301 of the instant F building on December 27, 2010.

Since then, the Plaintiff filed a criminal complaint against Defendant C by fraud. Defendant C, in the second interrogation process on July 19, 201, stated that “in order to sell 301 units of the instant F building to the Plaintiff to sell 301 units of the instant F building, the auction of the said real estate should be made from the Plaintiff for the purpose of the expense, and the sum of KRW 600,000,000,000, around November 23, 2010 and December 3, 2010.

arrow