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(영문) 의정부지방법원고양지원 2015.09.16 2014가합53295
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. D in a criminal case against D was prosecuted as the Seoul Central District Court 2013 Man-Ma8030, 2013 Man-Ma4362, and 2014 Man-Ma233, and was sentenced to one year’s imprisonment on May 28, 2014.

1) During May 2013, D and E made a false statement to the Plaintiff on May 24, 2013 to the effect that “The Plaintiff borrowed money from F due to the need for business funds.” On the same day, G and E made a false statement to the effect that “the Plaintiff would have repaid the borrowed money through normalization of the company with the said money.” However, D and E did not have any intent or ability to repay the borrowed money at the time. Nevertheless, D and E had the Plaintiff enter into a monetary loan agreement of KRW 200 million with F (hereinafter “the instant monetary loan agreement”) on May 24, 2013 under the name of the victim G, the Plaintiff entered into a loan agreement of KRW 1,000,000,0000,000,0000,000,000 won, which was deducted from the loan’s account after entering into a contract on the deposit and operation rights of H coffee shop in Seocho-gu Seoul, under the name of the Plaintiff.

B. D’s disposal of D’s property 1) and Defendant B entered into a sales contract with Defendant B, on February 6, 2014, to sell each of the real estate listed in the separate sheet Nos. 1, 2, and 3,000,000 won listed in D’s list No. 1, 2, and 380,000,000 won. As to each of the above real estate, J and Defendant C completed the registration of ownership transfer on the ground of the said sales contract as received on February 11, 2014 (2) and on February 6, 2014, the purchase price of real estate listed in the separate sheet No. 4, which was listed in the separate sheet No. 4, owned by Defendant C with Defendant C is KRW 174,00,000.

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