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(영문) 춘천지방법원 강릉지원 2018.06.27 2017가단3754
사해행위취소
Text

1. As to shares in 2/7 of the real estate listed in the separate sheet:

A. It was concluded on March 10, 2017 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On October 12, 2006, the Plaintiff lent KRW 150,000,00 to D and agreed that if D did not repay the above loan by January 12, 2007, E would transfer three of the shares in the shop in which D Management Co., Ltd. sold to the Plaintiff. However, D sold 13 of the above loan without paying the above debt to a third party.

D On December 8, 2009, the crime of breach of trust, etc. was detained by a sentence of two years due to a breach of duty to relocate the commercial store.

(Seoul Eastern District Court 2009No. 39). (b)

Accordingly, C reached an agreement on D’s criminal case, and on March 26, 2010, on March 26, 2010, the Plaintiff as a principal and D’s agent, “The Plaintiff set KRW 150,000,000 to D on March 26, 2010, and lent to D on March 25, 2012, and C, on the same day, set the guarantee limit of D’s above loan obligation to the Plaintiff as KRW 150,00,00,00, and joint and several surety with the guarantee limit of KRW 150,000,00, and the guarantee period of D’s above loan obligation as 10 years, and if D and C delay the performance of the above obligation, a notary public, who is aware that there is no objection even if subject to compulsory execution, prepared a notarial deed of monetary loan agreement No. 1222 of the F. 2010.”

C. On February 12, 2017, G, the father of C, died on February 12, 2017, and, on March 10, 2017, the wife, the Defendant, C, and H, the heir of the network G, indicated in the separate sheet (However, the reason for registration on the real estate injury is indicated as “the date of February 12, 2017,” in the column for registration on the real estate injury”), which are inherited property (hereinafter “each of the instant real estate”), and which are inherited property owned by the Defendant solely.”

D. On March 20, 2017, each of the instant real estates was registered for the transfer of ownership in the Defendant’s future on the grounds of the instant partition consultation. [In the absence of any dispute over the grounds for recognition, the entries in the evidence No. 1, No. 2, No. 4, No. 5, No. 7, No. 8, and No. 9, and the purport of the entire pleadings.

2. The establishment of a fraudulent act.

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