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(영문) 부산지방법원 2016.04.21 2015가단60180
사해행위취소
Text

1. A sales contract concluded on June 25, 201 for shares of 2/11 of each real estate listed in the separate sheet between B and the Defendant is 3.

Reasons

1. Facts of recognition;

A. With respect to B, the Plaintiff has 6,347,00 won as indemnity bonds based on the final and conclusive judgment in the Changwon District Court, Kim Jong-si, 2007Gau28926 claim amount and 14% per annum from September 16, 1992 to October 15, 1992, 21% per annum from the next day to March 31, 1993, 17% per annum from the next day to October 15, 1995, and 18% per annum from the next day to the day of full payment (hereinafter “instant indemnity claim”). The sum of principal and interest from September 31, 2016 to March 31, 2016, is 3,634,117 won.

B. B entered into a sales contract with the Defendant on June 25, 2013 as to shares 2/11 of each of the real estate listed on the separate sheet owned by him (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each of the instant real estate (hereinafter “each of the instant real estate transfer registration”) on the 28th of the same month by the Ulsan District Court’s receipt of the Yangsan District Court’s receipt of the pertinent sales contract.

C. At the time of the instant sales contract, B had no particular property other than each of the instant real estate at the market price of KRW 59,923,160, and was in excess of the obligation due to the burden of reimbursement as well as the burden of reimbursement.

On February 7, 2014, the establishment registration of each real estate of the instant case was completed by the Ulsan District Court No. 7322, 7322, and Ulsan District Court No. 76482, Dec. 5, 2014, which was received by the Yangsan District Court, which was the cause of KRW 60,000,000 for the establishment of a mortgage-mortgage credit union, the amount of maximum debt amount of KRW 180,000,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 5 (including branch numbers if there are serial numbers; hereinafter the same shall apply), the fact-finding results on the North Korean head of Busan Metropolitan City of Busan Metropolitan City, and the purport of the entire pleadings.

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