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(영문) 대구지방법원 2014.12.12 2014가합1748
사해행위취소
Text

1.(a)

Plaintiff

On December 2, 2013, between Defendant C and E, the share of 1/4 of the real estate in the separate sheet is made between Defendant C and E.

Reasons

1. Facts of recognition;

A. The relationship between the plaintiffs and the defendants E and F is between E and F, and the defendant D is between F and F, and the defendant C and the defendant D are married couple.

(2) Plaintiff A: (a) KRW 30 million on May 7, 2013; (b) KRW 50 million on October 10 of the same month; (c) KRW 15.70 million on the 15th day of the same month; (d) KRW 20 million on the 24th day of the same month; and (e) KRW 50 million on the 24th day of the same month; and (e) the same year;

7.4. 20 million won, total of KRW 250 million (= KRW 50 million in total) lent KRW 70 million in KRW 30 million, KRW 50 million in total ( KRW 50 million in KRW 20 million in total).

From April 28, 2013 to November 22, 2011, G, the father of the plaintiffs, lent to E a total of KRW 1.55 billion.2 billion, the plaintiffs acquired the above claim against G from G on December 13, 2013, and notified the assignment of claim to E on the same day.

(3) On August 3, 2009, Plaintiff B lent KRW 120 million to E, and F jointly and severally guaranteed the said loan debt.

B. The instant real estate was owned by E and F in 1/2 shares. However, the Defendants purchased the instant real estate in KRW 1 billion on December 2, 2013, and concluded a sales contract to divide E’s shares and F’s shares into KRW 1/4 shares and to transfer the Defendants, respectively (hereinafter “instant sales contract”). The Plaintiff completed the registration of ownership transfer of E’s shares in 1/4 shares on December 12, 2013 as the receipt of the Daegu District Court’s registration No. 176952, Dec. 12, 2013, and completed the registration of ownership transfer of F shares in 1/4 shares as the receipt of the same registration date (hereinafter “each of the instant registrations”).

C. At the time of entering into the instant sales contract, E’s financial status (1) is equal to the following table (hereinafter “real estate list”) at the time of entering into the instant sales contract, and E is also equal to the real estate list; and at the time of entering into the instant sales contract, as well as the obligations to the Plaintiffs prior to entering into the instant sales contract, as well as obligations to the Plaintiffs.

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