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(영문) 인천지방법원부천지원 2020.09.11 2019가합523
사해행위취소등
Text

Defendant B’s KRW 92,00,000 as well as its annual rate from November 10, 2018 to September 11, 2020, and the following.

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s mother, Defendant C and D are the Plaintiff’s male-borns, and E are the Plaintiff’s female-borns.

B. Defendant B completed the registration of ownership transfer on August 21, 2002 with respect to each real estate listed in the separate sheet (hereinafter “instant F commercial building”) based on sale and purchase.

C. On November 28, 2002, the Plaintiff completed the registration of ownership transfer based on sale with respect to the housing and neighborhood living facilities (hereinafter “instant G commercial buildings”) with the size of 133 square meters and the underground floors above that ground and the third floor above that ground.

On December 16, 2008, the Plaintiff received KRW 120,000 as down payment, and paid KRW 120,000,000 to Defendant B the said down payment on December 17, 2008, to sell the instant G shopping district to the H District Housing Association (hereinafter “instant association”).

(hereinafter “The instant deposit money”). Defendant B deposited KRW 120,00,000 in the manner of receiving the certificate of deposit in the I Bank on December 17, 2008, but received KRW 121,316,295 upon cancelling the said deposit on March 18, 2009.

On April 1, 2009, the Plaintiff cancelled the above sales contract on the grounds that the Plaintiff did not pay the remainder of the union, and confiscated KRW 120,000,000.

E. From 2004 to the Plaintiff’s request, Defendant B has been in charge of the management of commercial buildings, such as the conclusion of the instant G commercial building lease contract, the receipt and return of rent and deposit money, and the remuneration of the said commercial building.

From November 6, 2008 to July 12, 2011, Defendant B received KRW 43,107,330,00 in total as monthly rent from the lessee of the instant G commercial building from J, K, L, M, N (Deposit in the name of the wife), P (Deposit in the name of his wife Q), R, S, T, and U.

F. On March 2, 2010, Defendant B purchased from V W and 2 lots X apartment Y (hereinafter “instant Zdong shop”) for KRW 90,00,000 in price, and completed the registration of ownership transfer on March 31, 2010 with respect to the above commercial building.

(g)...

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