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(영문) 의정부지방법원 2014.12.24 2014나6672
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. From around 2010, the Plaintiffs have lent money to D as a used car with D.

In addition, the plaintiffs and D provided funds to D, they decided that D purchased a used motor vehicle with the money and sold it to pay the profits to the plaintiffs. Accordingly, the plaintiffs supported D's purchase price of used cars on several occasions.

B. The Plaintiffs and D are above on November 21, 201.

For the reasons indicated in Paragraph 1, D confirmed that the amount of debt borne by D against the plaintiffs is KRW 140,3100,000,000,000, and then a notary public prepared a notarial deed with the following contents as to the above debt (hereinafter referred to as “notarial deed of this case”) by No. 5715 of the South-North Korean Law Firm Deputy Law Firm 201

On June 15, 2010, Article 1 (Purpose) of the Notarial Deed of a Money Loan Loan Agreement (referred to the plaintiff, referring to the plaintiff, referring to the plaintiff) lent to the debtor (referring to D) a loan of KRW 143,100,000 (143,100,000) and the debtor borrowed it.

Article 2 (Period and Method of Repayment) The Prize Fund shall be paid in lump sum on November 30, 201.

C. Meanwhile, Plaintiff B filed a lawsuit for the purchase price of used cars against KRN, the employer of D, and on February 12, 2014, the appellate court (Seoul Southern District Court 2013Na2851) paid KRW 40 million to Plaintiff B until March 7, 2014, and Plaintiff B transferred KRW 40 million to E out of the claim for D based on the instant notarial deed.

On September 16, 2011, the Defendant, as the mother of D, entered into a mortgage agreement (hereinafter “instant collateral agreement”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with D on September 16, 201, and on the same day, “the registration of creation of a neighboring mortgage, the maximum debt amount of which is KRW 124686, whose maximum debt amount is KRW 100,000,000,000,000,000 won.”

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