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(영문) 부산지방법원 2018.08.29 2017가합47836
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relationship B and C between the defendant, B and C are the parents of the defendant, and D are the mother of the defendant.

B. Plaintiff’s claim for reimbursement against D, C, and D 1) The Plaintiff filed a lawsuit with the Daegu District Court Branch of 201Kadan30363 with respect to D, B, etc. and filed a claim for reimbursement on December 21, 2011 with the Seo branch of the Daegu District Court of District, “D, B, etc. jointly and severally with the Plaintiff 162,746,808 won and the interest rate of 15% per annum from February 23, 2011 to November 9, 2011, and the interest rate of 20% per annum from the next day to the date of full payment, and the said judgment with respect to D and B became final and conclusive on January 12, 2012, and the Plaintiff filed a lawsuit with the Daegu District Court of 201Da321387, May 21, 201; and the Plaintiff filed a lawsuit with the Daegu District Court of 201Da32137, May 21, 20120.

C. On September 22, 2016, the Defendant entered into a real estate sales contract between the Defendant and E, purchased each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from E, and completed the registration of ownership transfer on October 24, 2016, based on sale (transaction price of KRW 80 million) with respect to each of the instant real estate.

B, C, and D are insolvent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination of the parties' arguments

A. The Plaintiff’s assertion that the Defendant purchased each of the instant real estate on September 2, 2016, in the absence of special income on September 22, 2016, even though there was no special income on the basis of the remaining 19 years of age. This is the Defendant’s donation of KRW 80 million for purchase of each of the instant real estate by having B, C, and D avoided the Plaintiff’s indemnity liability

B, C, and D are on September 22, 2016.

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