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(영문) 광주지방법원 2014.08.28 2013가합55234
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2010, F leased a 30-meter road coponer part of the building at the H general hospital site, which was scheduled to be newly constructed from G on December 1, 2010, with a lease deposit of KRW 500 million, and three years from the date on which the building was completed during the lease period (hereinafter “lease”).

B. For the purpose of raising the instant lease deposit, F received KRW 10 million from the Plaintiff on December 1, 2010 and KRW 500 million on March 4, 2010. On March 7, 2012, F borrowed KRW 500 million from the Plaintiff (hereinafter “the instant loan”) and paid the Plaintiff a lump sum payment by December 4, 201, and if the F fails to perform it, F issued to the Plaintiff a notarized deed of money loan agreement signed by No. 116 of the International Law Office 2011.

Afterward, from May 201 to May 201, 201, F repaid each of the interest on the instant loan amounting to KRW 26,228,00,00 as principal, and KRW 150,000 as principal on February 2, 2012 to the Plaintiff.

C. On November 2, 2011, F completed the registration of ownership transfer on the ground of the gift agreement dated November 1, 201 (hereinafter “instant gift agreement”) with Defendant B, one’s wife, for each real estate indicated in the separate sheet, on November 1, 201.

On December 12, 2011, Defendant B completed the registration of transfer of ownership on each of the 1/2 shares of the real estate listed in the separate sheet Nos. 1 (hereinafter “instant apartment”) among the real estate listed in the separate sheet Nos. 2 and 3 (hereinafter “instant commercial building”) to Defendant D and E on December 14, 201 due to the sales contract as of November 30, 201 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”).

【Ground of recognition】 In the absence of dispute, Gap evidence 1, 2, and Eul evidence 1, 2, 8, Eul evidence 2, 3, Eul evidence 3, 4, 8 (including each number), the purport of the whole pleadings and arguments

2. Defendant B-.

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