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(영문) 대구지방법원 2015.05.29 2014가단105728
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C’s tort 1) The Plaintiff’s D’s purchase of defry from the designated intermediary, and the Plaintiff’s purchase of defryed goods to the national large retailer, meal service company, etc., and the “food service-related business” to supply group meals to meal service enterprises, such as schools. 2) C purchased false purchase-related documents and false payment resolution as if it were purchased, and had the Plaintiff transfer the purchase price, such as defying, to the designated intermediary, etc., after obtaining approval from the executive director and the executive director. If the purchase price was deposited from the Plaintiff to the designated intermediary, C transferred the purchase price to the account opened in the name of the Plaintiff or creditor, the Plaintiff acquired financial profits equivalent to KRW 100,006, 160, 1621, and 202, and 160,201.

B. C’s title trust and ownership transfer registration under the Defendant’s name C’s name (hereinafter “instant real estate”) are real estate listed in attached Form 1 from the land trust corporation of Korea on November 19, 2010 (hereinafter “instant real estate”).

After the purchase, the title of the instant real estate was trusted to B, its wife, and the registration of ownership transfer was completed on April 27, 201 by the Daegu District Court’s receipt of the registration office of the Daegu District Court (No. 20492, Nov. 19, 2010) as to the instant real estate, and thereafter, the registration of ownership transfer was completed on October 8, 2013 as the receipt of the above registration office No. 129353, Oct. 7, 2013.

[Evidence Evidence] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C bears the Plaintiff’s obligation to compensate for damages equivalent to KRW 20,01,606,211, and is in excess of the obligation.

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