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(영문) 대구지방법원포항지원 2016.11.30 2016가단6031
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) around October 15, 2010, the Plaintiff: (a) from C around October 15, 2010, the construction of a new E-building contracted by C from a limited partnership construction; (b) lighting, tailing, and external metric tons of the construction of the E-building contracted by C from a limited partnership construction (hereinafter

(2) On May 12, 2015, the Plaintiff filed a lawsuit against the Daegu District Court Branch Branch C, etc. seeking payment of unpaid construction cost, and on May 12, 2015, the said Court rendered a judgment that “C shall pay the Plaintiff KRW 56,500,000 and any delay damages therefrom.”

(F) On November 5, 2015, the first instance court’s judgment became final and conclusive on January 1, 2016 (No. 2015Na78222), and C did not pay the subcontract price to the Plaintiff even after the instant judgment became final and conclusive.

B. On June 5, 2015, C, including the conclusion of a sales contract between C and the Defendant, entered into a sales contract with the Defendant for the purchase price of KRW 325,00,000 with respect to the instant land (hereinafter “instant sales contract”), and on June 25, 2015, C completed the registration of ownership transfer with respect to the said land under the Daegu District Court’s receipt of distribution support to the Defendant under Article 63075.

C. At the time of the conclusion of the instant sales contract, the entry of “Yan-gu” in the indication of the real estate indicated in C’s active property Nos. 14,135,836 won in total until June 5, 2015, 14,135,836 won in damages for delay up to June 5, 2015, 360, Daegu Bank 360,000,00524,240,24242,250,250,000 for the real estate indicated in C’s active property No. 1

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