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(영문) 창원지방법원 2017.07.20 2016가단110164
사해행위취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant as the parties and D have been married and currently in the process of divorce, and the plaintiff B is the father of D, and the plaintiff A is the father of D.

B. On January 13, 2016, the Defendant: (a) sold the F apartment Nos. 102, 905 (hereinafter “instant apartment”); and (b) completed the registration of ownership transfer on the said apartment; and (c) on May 26, 2016, the Defendant completed the registration procedure for ownership transfer on the said apartment.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that they each lent KRW 76,00,000 (Plaintiff A25,000,000, Plaintiff B51,000,000) to the defendant and D for real estate purchase in the course of the purchase of the apartment of this case, and that since they are liable for common and joint liability between husband and wife, the defendant should pay KRW 25,00,000,000 to the plaintiff A jointly and severally, since they are liable for common and joint liability between husband and wife, the defendant should pay damages for delay on each of the above amounts.

B. The evidence submitted by the Plaintiffs alone is insufficient to recognize the fact that the Plaintiffs lent money stated in the purport of the claim to the Defendant and D, and there is no other evidence to acknowledge it, and the Plaintiffs’ claim is difficult to accept.

3. In conclusion, the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition.

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