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(영문) 대구지방법원 2014.05.15 2013가합10912
사해행위취소
Text

1. It was concluded on October 30, 2013 between the defendant and the non-party C Co., Ltd. regarding the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is Nonparty D and Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”).

On July 30, 2004, a lawsuit seeking transfer of land, etc. (Tgu District Court 2004Gahap9750) was filed against B, and the appellate court of the instant case (Tgu High Court 2008Na8349, Jun. 4, 2010, the conciliation protocol was prepared with the following contents.

prescribed provisions

1.(a)

At the same time, the Plaintiff received KRW 2.2 billion from Nonparty D and Nonparty Company, and at the same time, completed the registration of ownership transfer under the name of Nonparty D or Nonparty Company, which was based on the sale on May 11, 1990 with respect to the 2783m2 (hereinafter “instant site”) owned by the Plaintiff, and implemented the procedure to transfer the name of the owner of the Ftel under the name of Nonparty D or Nonparty Company (hereinafter “instant building”) to the name of Nonparty D or Nonparty Company.

(B) However, upon the completion of the registration of transfer of ownership on the site of this case by Nonparty D and Nonparty D, all documents necessary for the provisional disposition in the name of creditor G corporation, the registration of provisional seizure in the name of creditor H corporation, the registration of provisional seizure in the name of creditor H corporation, and the registration of cancellation of the registration of establishment in the name of I corporation, and the registration of cancellation in the name of the I corporation, and the request for cooperation from the Plaintiff is made by the Plaintiff

The non-party D and the non-party company mentioned above as to the site of this case.

The procedures for the transfer of ownership and the transfer of the name of the owner are carried out as described in the paragraph above.

As seen in this subsection, the provisional attachment, provisional disposition, and the cancellation registration of the registration of the establishment of a neighboring mortgage shall be jointly and severally paid to the plaintiff KRW 2.2 billion as stated in paragraph (1) and interest in arrears to the plaintiff.

C. If Nonparty D and Nonparty Company did not pay KRW 2.2 billion as stated in paragraph (1) by the due date, the Plaintiff is the said money and the said money.

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