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(영문) 의정부지방법원고양지원 2014.09.04 2013가단510145
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff filed a claim against C for a transfer payment seeking payment of "125,000,000 won and interest at a rate of 20% per annum from the day after the copy of the application for payment order was served to the day after the completion of the payment order was served. The above court ordered C to pay the above amount on February 25, 2008, and the above payment order was served on March 12, 2008, and the above payment order was finalized on March 27, 2008.

B. On June 13, 201, the Defendant entered into a lease agreement with D, which stipulates that deposit 10 million won (one million won shall be paid at the time of a contract, and nine million won shall be paid at the time of payment on July 8, 201) shall be paid at the time of the contract, and the monthly rent shall be KRW 500,000,000,000,000 for each lease.

(hereinafter “instant lease agreement”). C.

C transferred 29,700,000 won to the Defendant's Han Bank account on July 6, 2011.

On July 8, 2011, the Defendant remitted KRW 9 million from the above Han Bank account to D, and had C reside in the apartment of this case.

E. The Plaintiff was issued a seizure and collection order against C’s claim for the refund of the lease deposit against C’s KRW 15 million out of the claim for the refund of the lease deposit against D, the Plaintiff filed an application for a payment order seeking the payment of the collection deposit against D as KRW 2012 tea2645, but the lessee of the instant lease contract from D responded responded to the Defendant and withdrawn the said application on August 20, 2012.

F. On October 5, 2012, the Plaintiff filed a lawsuit seeking revocation of a fraudulent act against the Defendant and D by the District Court Goyang Branch 2012Kadan36848, which was withdrawn on October 25, 2012.

G. C removed the instant apartment from around October 2012, and the Defendant received 7,881,900 won from the remainder of the lease deposit after transferring the instant apartment to D and deducting the unpaid rent, etc. from D.

H. The Plaintiff is the Defendant on November 14, 2012.

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