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(영문) 광주지방법원 2019.02.12 2017가단525765
사해행위취소 등
Text

1. The sales contract concluded on November 9, 2016 with regard to the fishery rights listed in the attached Table No. D between Defendant B and Defendant D was 79,796.

Reasons

1. Facts of recognition;

A. The Plaintiff is a creditor who received a judgment against D, ordering “20 million won and/or 11.2% per annum from September 30, 2003 to October 29, 2003, and 20% per annum from October 30, 2003 to the date of complete payment” as the court 2016da52301.

The principal and interest of the above bonds reached KRW 79,796,163 as of September 14, 2018.

B. ① The “I fishery right” is referred to as “a fishery right number with regard to 29,810 square meters of G branch line 29,890 square meters established by the Da on July 8, 2016, G branch line 36,890 square meters established by the G branch line in the Donnam-do, Chungcheongnam-do (hereinafter “H fishery right”) and the Defendant C (Person D and F) on the attached list with which D had a fishery right established as of July 8, 2016 (hereinafter “instant fishery right”).

On November 9, 2016, a sales contract was concluded between D, F, and Defendant C and Defendant B on the purchase price of 360 million won (a contract amount: 160 million won, and a balance: 200 million won until July 30, 2017) (the other party who entered into the said sales contract with Defendant B is D).

C. Upon D’s request, Defendant B paid the above purchase price to F and Defendant C (the KRW 348 million is paid to F, and the KRW 10 million is paid to Defendant C), and on August 3, 2017, Defendant B completed the registration of transfer with No. 2017-28, Suwon-do Office’s receipt number of the instant fishery right on July 28, 2017 as to the instant fishery right.

(H and I fishing rights shall be registered on the same day).

F remitted a total of KRW 210,000,000,000 to Defendant C from November 201, 2016 to August 2017.

E. D does not hold active properties other than the fishery right of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3, 4, 6 through 9, the purpose of all pleadings

2. The gist of the Plaintiff’s assertion - D’s act of selling the instant fishing right to Defendant B is a fraudulent act against the Plaintiff.

Defendant B is obligated to execute the registration procedure for the transfer of fishery right of this case.

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