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(영문) 대구지방법원안동지원 2015.08.12 2015가단1406
사해행위취소
Text

1. The reservation entered into on May 3, 2013 with respect to real estate stated in the separate sheet between the defendant and B shall be revoked.

2...

Reasons

1. Basic facts

A. (1) The Plaintiff supplied meat to B, who operated the “C” from October 1, 201 to April 23, 2013. However, the Plaintiff filed a lawsuit seeking payment of the unpaid goods price against B, etc. upon the failure to receive the full payment of the goods price (Seoul District Court Decision 2014DaDa3115, Jun. 11, 2014). This court decided on July 11, 2014 that “B, etc. shall pay 21,051,391 won to the Plaintiff,” and the said decision on recommending settlement became final and conclusive as is.

(hereinafter the above decision is referred to as “the recommendation decision of the reconciliation of this case,” and the claims recognized in the recommendation decision of the reconciliation of this case are referred to as “the goods price claim of this case”).

B. 1) B, May 3, 2013, 201, the Defendant and the real estate indicated in the separate sheet (hereinafter “instant real estate”) as the wife of D, who is the wife of D on May 3, 2013.

(2) On the same day, the provisional registration of the right to claim transfer of ownership as stated in Paragraph (2) of the Disposition was completed (hereinafter the above trade reservation is referred to as “instant trade reservation” and the above provisional registration is referred to as “instant provisional registration.”

(C) A. B’s financial status of the instant transaction was borne by the Defendant’s NFF Card, Samsung Card Co., Ltd., Samsung Card Co., Ltd., Nonghyup Bank, Korea Standards DFF World Bank, Seoul Guarantee Insurance Co., Ltd., KSPEL Loans, the Armed Forces Welfare Group, and the National Bank of Korea, etc. around six months after the date of the instant purchase and sale reservation, and the commencement decision was made on November 15, 2013 by filing an application for individual rehabilitation with the Daegu District Court No. 2013Da7419, Nov. 15, 2013, which was about six months after the date of the instant purchase and sale reservation, and thus, in excess of the obligation that exceeds the positive property from the date of closing argument until the date of closing argument (the Defendant was not reported

(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 2 through 4, and purport of the whole pleadings;

2. The defendant.

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