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(영문) 대전지방법원 천안지원 2018.12.19 2017가단12178
사해행위취소
Text

1. A sales contract concluded on March 18, 2016 between the Defendant and C with respect to each real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C was based on the executory exemplification of the loan payment order issued by the Seoul Central District Court 2013 tea39283, and filed an application for the attachment and collection order with the Incheon District Court 2014T as the garnishee C, and received the order from the above court. The above claim attachment and collection order were served on the Defendant on February 4, 2014.

On August 24, 2016, the Plaintiff filed a lawsuit against C on the claim for collection amount under the Daejeon District Court's 2014Kadan13286, which was based on the above claim attachment and collection order, and received a ruling of recommending reconciliation from the above court to the Plaintiff by October 31, 2016, stating that "C shall pay 33,649,315 won to the Plaintiff by October 31, 2016. If the payment is delayed, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at 15% per annum from the date following the due date to the date of full payment," and the above ruling of recommending reconciliation was finalized on September 20, 2016.

B. C’s property disposal act on March 18, 2016 with the Defendant, who is his own child, sold each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) at KRW 1,068,00,000, and KRW 210,520,000 as the down payment was set off against the loan that the Defendant lent to C; KRW 787,00,000 as the intermediate payment was set off against the loan that the Defendant lent to C; KRW 220,00,000,000,000,000,000,000, 5,6,000,000, and 7,0000,000,000,000,000,000,000,000,000,000,000,000 and0,000,00,000,00.

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