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(영문) 부산지방법원동부지원 2014.11.06 2013가합5205
사해행위취소 등
Text

1. The plaintiff's main claim is dismissed.

2. The separate list between the defendant and the non-party C is as shown in the separate sheet.

Reasons

1. Basic facts

A. From May 23, 2013 to August 20, 2013, the non-party company registered as a corporation for the purpose of the sales agency business of housing and commercial buildings as the Plaintiff, D from August 20, 2013 to September 3, 2013, and E from September 3, 2013 to November 7, 2013.

B. On May 24, 2013, the Plaintiff remitted total of KRW 159,400,000 to the account in the name of the non-party company in the name of the non-party company on two occasions. On May 28, 2013, the Plaintiff transferred total of KRW 150,000,000 to the account in the name of the E company, and on June 17, 2013, total of KRW 150,000 to the account in the name of the non-party company.

C. The Defendant has operated credit business under the name of “F”. On August 1, 2013, the Defendant completed the registration of the right to claim ownership transfer registration of each of the above real estate as the Jeju District Court’s Seopo Port Office No. 32710, Aug. 1, 2018, with the purport of selling KRW 2,000,000 for each real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter referred to as “the provisional registration of this case”) D.

Since then, when the non-party company was unable to repay the above loan to the defendant, the defendant prepared a sales contract with the non-party company and the real estate of this case with the total purchase amount of KRW 1.83 billion on September 16, 2013 (hereinafter "the sales contract of this case"), and completed the registration of transfer of ownership with the Jeju District Court No. 39370, Sept. 17, 2013, which was received on September 17, 2013 as the receipt of the provisional registration of this case, as the grounds for registration.

(hereinafter “instant transfer registration”). E.

On the other hand, the non-party company made the instant promise.

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