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(영문) 창원지방법원 2019.01.24 2015가단86998
사해행위취소
Text

1. The agreement on the division of property concluded on October 7, 2015 between the Defendant and C regarding real estate indicated in the separate sheet is the same.

Reasons

1. Facts of recognition;

A. On December 24, 2014, the Plaintiff, a corporation running a credit business, etc., succeeded to the rights and obligations of the said association by merging D Association (hereinafter “D Association”).

B. Nonparty C was indicted due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) on the ground that he/she inflicted damage on the D Association’s employees by participating in illegal loans (C) (C). On June 5, 2015, the said court convicted Defendant C of imprisonment with labor for three years and fines for twenty-five million won.

On November 25, 2015, the appellate court sentenced 5 years of suspension of execution and fine 25 million won to C on November 25, 2015. The above judgment became final and conclusive around that time.

C. On June 26, 2015, the Plaintiff filed a lawsuit against C, etc. for claiming damages (the Changwon District Court Decision 2015Da33342). On September 14, 2017, the said court rendered a judgment to the effect that “C shall pay to the Plaintiff KRW 840 million and its delay damages.” The said judgment became final and conclusive around that time.

Defendant and C reported their marriage on December 26, 2012. On July 23, 2015, the Defendant filed a divorce lawsuit against C on July 23, 2015 (the Changwon District Court 2015ddan3499). On October 7, 2015, while the said lawsuit is pending, the Defendant and C divorced, and C pays the Defendant a solatium amounting to KRW 20 million and the delay damages, and C implements the registration procedure for ownership transfer of the real estate listed in the separate sheet (hereinafter “instant real estate”).

“The conciliation was concluded to the effect that it was “.”

E. Accordingly, C’s property division agreement with the Defendant on October 7, 2015 regarding the instant real estate by the Changwon District Court (Seoul District Court Decision 131289) received on November 5, 2015.

hereinafter referred to as the "transfer registration of ownership" on the ground of section 1.

(1) the United States Code has been completed.

F. The instant case.

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