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(영문) 대구지방법원 2016.02.03 2015나303476
사해행위취소
Text

1.On a request for change in exchange at the time of the trial,

A. Paragraphs 1 and 2 of the attached list between the defendant and the non-party C.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Nonparty C was lent KRW 300,00,00 to C on May 19, 201, but C filed an application for the above loan payment order (Seoul District Court Branch Office Branch Office 201Hu3785) against Nonparty C who did not repay the loan amount. On September 20, 2011, the said court ordered C to pay the Plaintiff the payment amounting to KRW 300,000,000 and the damages for delay at the rate of KRW 20% per annum from October 4, 2011 to the date of full payment. The said payment order was finalized on October 19, 201.

B. C’s disposal act and C’s mother (parent) owned 1/2 shares of each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”). However, on May 30, 2013, the Defendant asserted that the date of the instant sales contract was May 28, 2013, but the corresponding real estate sales contract (Evidence No. 7) is not indicated by the broker, and it is difficult to believe in light of the fact that the contract date is indicated as May 30, 2013 in the certificate of completion of the real estate transaction contract (Evidence No. 5-7).

On the other hand, whether there was a legal act corresponding to a fraudulent act at a certain point shall be determined with careful consideration of the significant impact on the interests between the parties. When there was a legal act corresponding to a fraudulent act, the date on which such fraudulent act was actually conducted shall be determined as the standard. However, barring any other special circumstances, it shall not be determined as to whether such fraudulent act was actually conducted, centering on the date on which the grounds for registration appears to be based on a disposal document, barring any other special circumstances (see Supreme Court Decision 2002Da41589, Nov. 8, 2002). It is reasonable to deem that May 30, 2013 stated in the column of the certified copy of the register of each real estate of this case as the date of the sales contract of this case.

The Defendant sold his share of each of the instant real estate to the Defendant.

hereinafter referred to as "the case."

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