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(영문) 광주고등법원(전주) 2015.11.12 2014나2766
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. The plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) commenced the construction of a new building to be used as a charnel house or funeral hall (hereinafter “the instant charnel house building”) on the front city C and D’s ground at the time of the previous city in order to run a charnel house business, and the Plaintiff invested KRW 140 million in the construction of the said new building executed by B on October 17, 2008.

B. B, around June 2010, completed the construction of the instant building, and completed the registration of ownership preservation on the said building. After which, on February 17, 2011, each of the buildings listed in the separate sheet (hereinafter “each of the instant aggregate buildings”) was divided into several sections, including each building listed in the separate sheet (hereinafter “each of the instant aggregate buildings”) and registered in the register.

C. B concluded a donation contract with the Defendant on September 6, 201 with respect to the instant building No. 1, and completed the registration of ownership transfer with respect to the said building under the former District Court’s Full Registry No. 53647, Sept. 8, 2011. On August 26, 2011, the former District Court concluded a donation contract with respect to the instant building No. 2 or 11, and completed the registration of ownership transfer with respect to each of the instant buildings under the former District Court’s Full Registry No. 51264, Aug. 26, 2011.

(hereinafter referred to as “each of the instant gift contracts”) D.

On the other hand, the Plaintiff filed a lawsuit against B on April 18, 201 with the Jeonju District Court Decision 2010Da7521, 2011Gahap2097 (Joint) in order to seek payment of the investment amount of KRW 140 million and damages for delay as stated in the above paragraph (a). The said court rendered a judgment on September 26, 2012 that “B shall pay to the Plaintiff the amount of KRW 140 million and the interest rate of KRW 20% per annum from April 28, 2011 to the date of full payment,” and that “B filed an appeal with the Gwangju High Court (former High Court) 2012Na2564, 2012Na2571 (Joint) but the said appellate court appealed on June 27, 2013.

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