logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.06.04 2018가단325512
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As the representative director of the F corporation, the head office of which is located in the building D, the head office of the head office of the head office of the Young-gu Busan Metropolitan City (hereinafter “the deceased”), Nonparty Do Co., Ltd. (hereinafter “the network”), the plan to newly build multi-family housing on the 27 lots outside

B. Upon receipt of a request from the Deceased to lend funds for a new apartment construction project, the Plaintiff transferred KRW 200,000,000 to the account of the Deceased on December 29, 2015, and KRW 90,000,000 on May 20, 2016, respectively.

C. From February 29, 2016 to the H Association account (I) and J Association account (K), opened in the name of the defendant;

8. Until April 13, 200, the Plaintiff claimed that the Plaintiff transferred the total amount of KRW 710,500,000 over 12 times in total, but according to the results of the financial transaction information meeting against the L organization head, it is recognized that the Plaintiff additionally remitted KRW 30,00,000 from May 11, 2016, in addition to the Plaintiff’s assertion.

each transfer shall be made.

[Ground of recognition] Gap evidence Nos. 1-1, 2, 13, 4, 1 and 2-2, and the result of this court's extension of financial transaction information to the L organization heads, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the deceased donated total of KRW 710,500,000 to the Defendant over twelve occasions from February 29, 2016 to August 4, 2016.

The Defendant purchased the N, O’s site and buildings from the land located in the Young-gu Busan Metropolitan City M, where the Deceased tried to conduct multi-family housing business with the money donated by the Deceased.

Since the above donation contract for the deceased, who is insolvent, constitutes a fraudulent act, the above donation contract for the deceased’s defendant constitutes a fraudulent act, the plaintiff’s claim amount is KRW 51,50,000,000 as of May 25, 2016, KRW 100,000 as of May 31, 2016, KRW 50,000 as of May 31, 2016, and KRW 100,000 as of August 4, 2016, and KRW 30,000,000 as of August 4, 2016, and the plaintiff’s claim for the return of KRW 110,00,00 as part of the claim.

B. The evidence presented by the Plaintiff alone is that all the money transferred by the deceased to the Defendant is donated to the Defendant.

arrow