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(영문) 대구지방법원 2015.06.09 2014가단116148
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 27, 2011, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a sales contract with Nonparty D on real estate listed in the separate sheet (hereinafter “instant real estate”).

The non-party company paid the down payment out of the sale price of the real estate of this case.

B. On December 201, the Plaintiff asked Nonparty E, the actual representative of Nonparty Company, to the effect that “If the Nonparty Company purchased the instant real estate, and the Nonparty Company borrowed KRW 100 million as it was short of KRW 100 million, the Plaintiff would pay interest of KRW 100 million per month and repay it until the end of April 2012.”

On January 16, 2012, the Plaintiff lent KRW 100 million to the account held in the name of the non-party company to the non-party company. On the same day, the non-party company remitted the above KRW 100 million to the part payment of the real estate sale.

C. The non-party company paid interest of KRW 1 million per month to the Plaintiff for five months thereafter, but thereafter, did not pay the interest, and did not pay the principal.

On August 29, 2011, the registration of ownership preservation was made in the name of Non-Party D, Co., Ltd. on the instant real estate, and on August 29, 2011, the registration of ownership transfer was made for the reason of trust on the trust by designating the Coco asset trust as the trustee. On September 8, 2011, the registration of ownership transfer was made again on the ground of the reversion of trust property in the name of Non-Party D, Co., Ltd.

E. On December 7, 2012, Nonparty Company and the Defendant drafted a sales contract on the instant real estate.

(2) On January 28, 2013, Daegu District Court No. 57598, No. 57598, Dec. 27, 2011, the registration of transfer of ownership in the name of the defendant was made on the ground of sale (630,734,400 won).

F. Meanwhile, the Plaintiff is a non-party.

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