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(영문) 서울고등법원 2015.04.16 2014나2028365
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

The amount of KRW 50 million between Nonparty B and the Defendant on December 9, 2010, which was concluded between Nonparty B and the Defendant.

Reasons

1. Facts of recognition;

A. B and the Defendant, etc. 1) B are Co., Ltd. E (hereinafter “E”).

A) A person who substantially operates B, and the Defendant is the private village of B C and the vice president of the said company. A) D is the same student of B and the representative director of E in the name of B, and F is the relative group of the wife G, and it is a person who opened and lent to G the new cooperation account (Account Number: H) in the name of the principal at the request of G as the relative group of the wife G.

B. 1) B: (a) around November 30, 2010, the title “instant real estate” refers to one and five parcels of real estate (hereinafter “instant real estate”).

A. The Plaintiff received KRW 2.89 billion on November 11, 2010; KRW 300 million on November 23, 2010; KRW 2.39 billion on December 2, 2010; and KRW 2.39 billion on December 3, 201, respectively; KRW 30,000 on December 31, 2009; KRW 30,000 on August 31, 2009; KRW 30,04,4601,50 on August 31, 2010; KRW 30,000 on August 31, 201, KRW 205; KRW 30,000 on June 30, 2010; and KRW 30,000 on May 31, 201, KRW 30,50 on May 31, 201, respectively.

(hereinafter “instant taxation claim”). C.

B’s disposal act, etc. 1) B received on December 2, 2010 the remaining balance of KRW 2.39 billion from the bank account in his/her name (Account Number: J). A total of KRW 1,664,954,263 (i.e., KRW 1,366,03,035 won 288,921,228 won) on the same day (i.e., KRW 1,368,921,228 won). A total of KRW 430 million on December 3, 2010 on the following day (i.e., KRW 430,000 won (= KRW 30,000 won) and July 2, 2010.

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