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(영문) 광주지방법원 목포지원 2017.01.12 2016가단33
사해행위취소
Text

1. It was concluded on October 10, 2014 between the Defendant and B regarding each real estate listed in the separate sheet Nos. 7 through 9.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 for indemnity against B) entered into an automobile insurance contract with C with respect to each automobile and E, and the said contract includes a non-insurance accident coverage agreement with C as the insured of F, the mother mother of C. B around 05:40 on October 7, 2014, while driving a G vehicle under his/her own possession (hereinafter “accident vehicle”) on his/her own (hereinafter “accident”) and driving on the G vehicle at the ambari distance in the Seoul, Yan-gun-gun, Seoul, the Seoul, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, while driving on the G vehicle at the ambari distance in the Seoul, the Republic of Korea, and the other victim died.

(3) At the time of the instant accident, the accident vehicle was not covered by liability insurance, and the case non-life insurance Co., Ltd. (hereinafter referred to as the “case non-life insurance”).

(B) In accordance with the special agreement on indemnity for non-insurance motor vehicles, the Plaintiff, upon receiving the advance payment of KRW 180,663,330,00 in total, from December 5, 2014 to June 4, 2015 (hereinafter “instant indemnity amount”), shall be KRW 60,221,100 (hereinafter “instant indemnity amount”) from September 17, 2015.

B. A dispositive act B was paid to the Defendant on October 10, 2014, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”).

A) Although there is a dispute over the purchase price between the Defendant and B as to the purchase price of KRW 420,000,000, the relationship between the Plaintiff and the Defendant shall be deemed to be the confession of the Defendant. The sales contract shall be deemed to be the confession of the Defendant (hereinafter “instant sales contract”).

(C) On October 13, 2014, the Minister of Land, Infrastructure and Transport completed each registration of the ownership transfer in the Defendant’s future as of October 13, 2014, under Article 27827, respectively. (c) At the time of the instant sales contract, the active property B, other than the instant real estate and the accident, did not have any specific property, and each real estate listed in the separate sheet Nos. 1 through (6) was listed in the separate sheet Nos. 52,00,000 won for maximum amount of debt on June 18, 2013.

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