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(영문) 서울북부지방법원 2018.03.21 2017나35920
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..

Reasons

1. Facts of recognition;

A. C around September 198, 1998, a joint and several liability for indemnity owed to the Plaintiff by a comprehensive financial construction company, etc.

B. The plaintiff filed a lawsuit against C with the Seoul Central District Court 2003Kada349226, and the above court rendered a judgment on June 25, 2004 that "C shall serve the plaintiff 570,872,534 won and 362,715,764 won among them, and 203,269 won shall be 18% per annum from November 29, 199 to April 23, 2004, and 20% per annum from the next day to the date of full payment." The above judgment was delivered to C by means of service by public notice and confirmed August 10, 204.

After October 21, 2014, C filed an appeal for subsequent completion with the Seoul Central District Court 2014Na58329 as to the above judgment. The above court accepted C’s appeal for subsequent completion of appeal and sentenced C’s appeal for subsequent completion of appeal on May 19, 2015. The above judgment became final and conclusive on June 11, 2015.

C. C purchased E Apartment No. 1128 (hereinafter “E apartment”) in Seoul Special Metropolitan City, Nowon-gu on December 13, 2010 under a trust with D on December 13, 2010, and completed the registration of ownership transfer in the name of D on December 22, 2010.

After that, C filed a lawsuit against D seeking the cancellation of the above transfer of ownership, and obtained a favorable judgment. On August 11, 2014, C completed the registration of cancellation of the transfer of ownership under the above D name on the ground of the above judgment, and completed the registration of transfer of ownership on the ground of the sale on December 13, 2010 on the same day.

C signed a sales contract with B on July 23, 2014 with the purchase price of KRW 220,000,000, and completed the registration of ownership transfer to B on August 11, 2014.

E. B on September 23, 2014, sold E apartment with the sales price of KRW 243,00,000 to Doap System Co., Ltd., and completed the registration of ownership transfer on October 10, 2014.

F. On November 4, 2014, the Plaintiff against B.

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