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(영문) 대구고등법원 2019.11.28 2019나22136
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. All of the plaintiffs' claims against the defendant.

Reasons

1. Basic facts

A. The reasons why the court has used this part of the plaintiffs' claims against G are generated by G are 1. A. the reasons for the judgment of the court of first instance.

Since it is the same as the statement in the claim, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. G, Defendant, and joint Defendant E Co., Ltd. in the first instance trial are those engaged in gold-type manufacturing business, etc. with the trade name “I.” (ii) Co-Defendant E Co., Ltd. in the first instance trial (hereinafter “Co-Defendant in the first instance trial”) are companies engaged in manufacturing and selling special steel metal, and the Defendant is a company engaged in manufacturing and selling automobile parts.

3) As to the real estate listed in attached Table 1 list between the co-defendants of the first instance trial on March 20, 2016 and the co-defendants of the first instance trial on March 20, 2016, G and the co-defendants of the first instance trial agreed to trade a specific area of 1,587 square meters in fact, but completed the registration of co-ownership in the name of G for convenience (hereinafter “each of the instant real estate”).

(4) The co-defendants of the first instance court determined to pay 90,000,000 won to purchase the instant real estate within three months after the contract was entered into, and paid 50,000,000 won as down payment. 450,000,000 won was substituted by accepting the secured debt of 450,000,000 won in the registration of the establishment of a neighboring mortgage in the name of J Co., Ltd., which was completed each of the instant real estate. 4) The co-defendants of the first instance court completed the registration of ownership transfer in the name of G on April 14, 2016.

5) Meanwhile, G is K Co., Ltd. (hereinafter “K”).

(6) G agreed on April 10, 2017 to pay the remainder of the purchase price of each of the instant real estate KRW 90,000,000 to the co-defendants of the first instance trial on April 10, 2017, and on the same day, the Defendant jointly guaranteed the payment on May 31, 2017.

G In order to secure the balance of the purchase price of KRW 90,00,000 between the co-defendants of the first instance trial on November 1, 2017.

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