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(영문) 전주지방법원 2016.10.19 2015나7957
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

Basic Facts

A. On June 13, 2011, the Plaintiff leased the D Operation Nos. 124 and 125 from C, the lease deposit of KRW 55 million, monthly rent of KRW 1.3 million, without setting a period of time.

(hereinafter “instant lease agreement”). B.

On April 12, 2013, the Plaintiff filed a lawsuit against Jeonju District Court 2013Da2151, Jeonju District Court Branch, which sought the refund of deposit for lease under the instant lease agreement, and the judgment was finalized around that time, stating that “C shall pay to the Plaintiff 27,181,000 won and interest calculated at the rate of 5% per annum from May 1, 2013 to July 22, 2013, and 20% per annum from the next day to the day of full payment.”

C. C completed the registration of transfer of ownership as of February 20, 2013 with respect to the operation of F Sales Facilities D, E, 124, 125, Na 145, and 146 (hereinafter “Separate Real Estate”) by reason of sale and purchase to K on February 20, 2013 (hereinafter “Separate Sale and Purchase”).

C With respect to the Defendant on February 20, 2013, the former District Court registry office No. 3865 (hereinafter “instant provisional registration”) received on February 21, 2013, the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) was completed on the ground that the F sale facilities D and E (hereinafter “instant real estate”).

E. Except for the instant real estate and separate real estate disposed of through the separate sale and purchase and the promise to sell and purchase the instant real estate, C, with the promise to sell and purchase the instant real estate, had positive property of KRW 85,785,60 and KRW 257,302,395 as follows, thereby exceeding its obligation.

1) The assessed amount of the indication of the property Nos. 1/5 shares in the 1/5 shares in H, 15,494,400,477,472,00 among the Haan-gun in the Haan-gun in the Haan-gun in the 1/52 North Korea x 70,291,200,351,456,000 shares in I in the 1/52 North Korea Haan-gun in the 1/52 North Korea x 1/5 x 85,785,602).

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