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(영문) 대구고등법원 2015.09.24 2015나176
사해행위취소
Text

The judgment of the first instance shall be modified as follows:

1. Each of the real estates listed in the separate sheet between the Defendants and F.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 2, 3, 4, 7, 14, 17, 18, 11-1, 3, 6 through 12 (including the whole number; hereinafter the same shall apply) and the whole purport of the pleadings.

The Defendants, E, and F’s personal relationship relationship and the Plaintiff’s E, and F’s claim 1) and F are married with Defendant D. The Defendants are married with F, and the Defendants are married with E and Defendant C. The Plaintiff lent KRW 120 million to E on August 3, 2009 (hereinafter “instant loan”). The Plaintiff jointly and severally guaranteed the instant loan obligations against the Plaintiff (hereinafter “instant joint and several guarantee”).

3) On February 25, 2014, the Plaintiff filed an application with F for a payment order claiming the payment of the principal and interest of KRW 120 million for joint and several guarantee money in the instant case against F, and on March 3, 2014, “F (debtor of the instant case) is a joint and several surety for the instant loan and calculated at the rate of KRW 120 million per annum from March 6, 2014 to the day of full payment, which is the day following the delivery of the original copy of the payment order for the instant loan, to the Plaintiff (creditor of the instant case) as a joint and several surety for the instant loan, and the payment order ( Daegu District Court Decision 2014 tea1569, Mar. 20, 2014) was notified of the payment order (Seoul District Court Decision 2014Da15699, which became final and conclusive as it was without filing an objection.

B. F’s purchase and sale of the instant apartment was jointly owned by E and F in the proportion of 1/2 shares, respectively. 2) On December 2, 2013, F entered into a sales contract with the Defendants to sell to the Defendants each of the instant apartment in the amount of KRW 1/4 shares (total of KRW 1/2 shares, and F shares) in each of the instant apartment (total of KRW 250 million) (hereinafter “the instant sales contract”). On December 12, 2013, F entered into a sales contract with the Defendants, each of the instant apartment in the name of the Daegu District Court registered in the name of the Defendants on the grounds of the instant sales contract with respect to each of the shares of KRW 1/4 shares among the instant apartment units (hereinafter “instant sales contract”).

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