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(영문) 서울남부지방법원 2016.01.28 2015가단26195
사해행위취소에 위한 소유권말소
Text

1. The sales contract concluded on October 10, 2013 between the Defendant and B is revoked.

2.

Reasons

1. Basic facts

A. On September 7, 2013, at around 03:30, while under the influence of alcohol, B driven a non-insurance vehicle of 0.148% (hereinafter “non-life vehicle”) with a blood alcohol concentration of 0.148%, and continued to run a three-distance external direction toward the Hongsung-gun Hongsung-gun Hongsung-gun, Hongsung-gun, Hongsung-gun, and died due to the negligence of erroneously manipulating the hand on the right bed, and as such, D was killed due to the shock, D who was on the top of Chosung-gun, and was hospitalized.

(hereinafter “instant traffic accident”). (b)

On October 1, 2013, the Plaintiff paid KRW 80,711,320,00 after deducting KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

C. On August 12, 2014, the Plaintiff filed a claim for reimbursement against B and B as Seoul Central District Court Decision 2014Ga17838, and rendered a judgment on August 12, 2014, “B and F shall jointly and severally pay to the Plaintiff KRW 33,226,560 (= KRW 80,711,320 – KRW 30,355,660 – KRW 17,129,100)” and the said judgment became final and conclusive on August 29, 2014.

On the other hand, on September 26, 2013, B borrowed KRW 80 million from the bank of Korea with the real estate listed in the separate sheet (hereinafter “instant real estate”) as collateral.

E. On October 10, 2013, B entered into a sales contract with the Defendant for the payment of KRW 130 million to the instant real estate, which is one of the only property of the Defendant, to which KRW 80 million was determined as the buyer’s acquisition of the seller’s loans to our bank, and KRW 20 million was replaced by a lease deposit for the instant real estate between the seller and the F, and the remainder of KRW 30 million was to be deposited into the F account by the buyer (hereinafter “instant sales contract”).

(f) thereafter B shall raise objection to the Defendant.

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