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(영문) 수원지방법원안산지원 2013.09.17 2011가단49493
사해행위취소
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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 6, 2001, the Plaintiff entered into a lease contract with D as to each of the real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”). As to each of the instant real estate, the Plaintiff completed the registration of establishment of a lease on a deposit basis, which is from May 6, 201 to May 6, 2003, the registration of establishment of a lease on a deposit basis was completed as KRW 80,00,000,000 for each of the instant real estate as of May 17, 2001 by the Suwon District Court of Daiwon District as of May 3817, 201, for the entire residential building as of May 17, 2001, for the entire period of the lease deposit, the establishment of a lease on a deposit basis, which is from May 6, 201 to May 6, 2003.

B. On April 27, 2010, the Plaintiff: (a) as a notary public from D on April 27, 2010, lent KRW 30 million to D on April 27, 2010; (b) as “the Plaintiff’s maturity shall be May 31, 2010; (c) interest shall be at 24% per annum; and (d) interest shall be at 30% per annum; and (e) interest shall be at 30% per annum; and (e) a notary public lent KRW 54 million to D on April 27, 2010; (b) a notary public borrowed KRW 256 on April 27, 2010 to D on April 27, 2010; (c) a period of maturity shall be 24% per annum; and (d) the Plaintiff shall be paid damages for delay on May 27, 2010 to D on April 27, 2010.”

Since then, the Plaintiff received reimbursement of KRW 23,600,000 from D.

C. D, the sole property (D) of the instant real estate, consisting of a passenger car (Ecodo Dok-type 2000 type), F Letop or a car (199 type), G D dumppp car (199 type), H graphic truck (1985 type), I Dok-type car (2002 type), J J J Lone Star car (193 type), but all the said automobiles were old, and there seems to be almost little property value since several proposals were seized, and even if there were property value, they cannot reach the Plaintiff’s claim amount).

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