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(영문) 인천지방법원 2015.05.19 2014가단32198
사해행위취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

The plaintiff's assertion on the legitimacy of the lawsuit is as follows.

In other words, the plaintiff has 29,184,756 won and damages for delay against the non-party C.

(hereinafter “instant loan claim”). A’s agreement with Defendant A on June 1, 2009 with respect to the 1/2 shares of real estate (hereinafter “share 1/2 shares of the instant real estate”) indicated in the separate sheet, which is the only property in excess of the obligation, is a fraudulent act. A sales contract concluded between Defendant A and Defendant B on June 4, 2009 with respect to the 1/2 shares of the said real estate is a fraudulent act.

Therefore, as the above legal act was revoked, and the right to collateral security was revoked after the fraudulent act, the return of the value equivalent to the plaintiff's claim shall be sought for restitution.

As to this, the Defendants asserted that the instant lawsuit is unlawful as the limitation period has expired.

The following facts are recognized in full view of the statements in Gap 1 through 5, Eul 7 through 10, Eul 1, 2, Eul 1 through 5 (including each number), and the purport of the entire pleadings in the party's personal examination against the defendant A.

C As of November 8, 201, the Plaintiff Company’s employee is an employee of the Plaintiff Company, KRW 15 million as of December 7, 2001, KRW 15 million as of October 25, 2002, KRW 10 million as of October 25, 2002, and KRW 16 million as of August 1, 2003, and the instant loan claim remains as of November 8, 201.

In addition, C took out loans from the Plaintiff Company of KRW 30 million on August 14, 2008, and KRW 100 million on each of the real estate of this case, C completed the registration of creation of a mortgage over each of the maximum debt amount of KRW 36 million and KRW 100 million on each of the loans of KRW 3 million on the entire real estate of this case as collateral obligations, and the registration of creation of a mortgage over each of KRW 120 million.

(hereinafter) The above loan claim (hereinafter referred to as “mortgage loan claim”). C had the Defendant A completed the registration of ownership transfer on the same day due to the gift made on June 1, 2009 with respect to the 1/2 share of the instant real estate, and Defendant A had the same day registered on the same day.

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