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(영문) 인천지방법원 2019.01.09 2018가단202254
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 30, 2014, D Co., Ltd.: (i) drafted a letter of loan performance under which the Plaintiffs would pay KRW 80,000,000 to the Plaintiffs until December 20, 2015; (ii) subsequently, D would pay KRW 10,000 to the Plaintiffs; (iii) the remainder KRW 70,00,000 to be unpaid; and (iv) the Plaintiffs filed a lawsuit against D on October 24, 2017 with the Incheon District Court Decision 2017Da24717 decided on February 7, 2018, which became final and conclusive around that time.

B. D and E’s reservation and provisional registration, and Defendant’s transfer registration 1) D are each real estate listed in the separate sheet between E and E on September 6, 2017 (hereinafter collectively referred to as “instant real estate”).

2) As to the reservation to trade (hereinafter referred to as “instant reservation to trade”)

(2) On November 27, 2017, the Defendant completed the additional registration for the transfer of ownership transfer rights from E, and completed the registration of ownership transfer of the instant real estate on December 19, 2017 (i.e., December 1, 2017).

C. D’s active property and small property around September 6, 2017, which was at the time of the reservation to sell and purchase the instant transaction, at the time of the reservation to sell and purchase the instant transaction, are as follows.

1) Evidence of the aggregate value of 998,979,00 won (the real property of this case) 665,112,00 won A6,72 Nam-gu Incheon Metropolitan City G land (the real property of this case) 3, Namdong-gu, Incheon, 165,112,00 won, 6,72, and 8,90 won A, Kho-ho 76,000,000 won and 153,000,000 won and 153,000,000 won and 60,000 won and 60,632,43,50,000,000 won and 0,000 won and 06,00 won and 0,000 won and 06,000 won and 0,000 won and 06,000 won and 06,000 won and 06,000 won and 105 won and 0005 won of debt.

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