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(영문) 광주지방법원 2016.07.21 2015가단12531
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff's ground of claim is as follows.

On March 27, 2012, Nonparty 2, Inc. (hereinafter “Nonindicted Company”) lent KRW 31,00,000 to Nonparty B. On June 13, 2014, Nonparty Company: (a) transferred the said claim to Nonparty D Property Management Loan Co., Ltd.; (b) on December 18, 2014, the said company transferred the said claim to the Plaintiff; and (c) notified each transfer thereof; and (d) on March 12, 2015, the Plaintiff’s claim was KRW 44,781,88, and thus, there was a preserved claim for revocation of the fraudulent act.

B and Defendant’s mother C died, and B entered into a contract for division of inherited property agreement entered in the separate list owned by C on September 14, 2014 (hereinafter “instant legal act”). The Defendant, in the future, completed the registration of ownership transfer based on the instant legal act as of September 30, 2014 received by the court No. 205690, Sept. 30, 2014. Since Party B had already been in excess of obligation and gave up the right to his share in the instant legal act, the instant legal act constitutes a fraudulent act, and the instant legal act constitutes a tort, and the Defendant established a collateral security after acquiring the instant real property, the Plaintiff asserts that the Defendant seek compensation for the value of the claim’s claim as restitution against the Defendant.

2. Comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 1 through 3, the non-party D made a false statement to the effect that on March 27, 2012, "the non-party D would pay monthly installments to the loaner who belongs to the above two capitals in order to purchase one unit of the above two capitals in the used cars trading company located in Gwangju Seo-gu, Gwangju-gu, stating that "the above two capitals will pay the purchase fund in installments" to the above two capitals in order to purchase one unit of the above two capitals in the form of a skid, and as a result, D could not obtain a loan in bad credit.

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