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(영문) 의정부지방법원 2019.12.05 2018나214174
사해행위취소
Text

1. The plaintiff's appeal against the defendant and the conjunctive claim added by this court are all dismissed.

2. Appeal;

Reasons

1. Facts of recognition;

A. The Plaintiff became aware of G around 1995, and developed into an internal relationship in around 200 and thereafter lent money to G several times.

Around November 9, 2007, the Defendant married with G H, a South Korean, around 19, 2007.

B. Around April 10, 2008, the Defendant: (a) on April 10, 2008, the land of the F was merged into E land on June 13, 2014 with the land of the Handong-gu E 182 square meters and the F miscellaneous land of the F 28 square meters and the land of the E.

In addition, a sales contract was concluded to purchase KRW 375 million for one story of one story of neighborhood living facilities in both the ground steel structure and sloping roof (hereinafter referred to as “instant real estate”) and paid KRW 37 million to I on the day the contract was concluded to purchase KRW 165 million.

C. On September 29, 2008, the Plaintiff borrowed from the Industrial Bank of Korea KRW 147 million (hereinafter “instant loans”) and withdrawn the full amount of the loans in the form of a check (hereinafter “instant check”).

On the same day, the Defendant drawn up a loan certificate (No. 3, No. 21, No. 21, hereinafter “the first loan certificate”) stating that the Defendant borrowed KRW 150 million from the Plaintiff (hereinafter “the instant loan”). D. around September 30, 2008, the Defendant paid a balance after endorsement to I on the instant check, and completed the registration of ownership transfer of the instant real estate. E. On August 29, 2012, the Defendant would pay the Plaintiff KRW 147 million by the end of September 2014, and, at the time of default, would own the instant real estate as the Plaintiff’s ownership (the Plaintiff’s certificate No. 4 and No. 22, No. 1, No. 1470,00,000, No. 2147,000,000,000,000 won and the Plaintiff’s certificate of personal seal impression No. 29,320,000,00.

F. On April 10, 2014, the Plaintiff repaid the instant loan obligations.

G. The Defendant around May 16, 2014 to C and D husband and wife (hereinafter “Buyer and wife”).

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