(영문) 광주고등법원 2015.03.18 2014나2821 | 리걸엔진

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(영문) 광주고등법원 2015.03.18 2014나2821

사해행위취소

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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

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s claim against the head of the office of Nonparty limited company (hereinafter “the head of the office of Nonparty limited company”).

A) Around June 2003, around 50 million won, and April 8, 2004, each lent to Nonparty Company each KRW 660 million. Each of the real estate listed in the separate sheet (hereinafter “instant real estate”) shall be “each of the instant real estate” and “each of the instant real estate” in common name.

(2) On July 27, 2005, the provisional seizure of real estate was filed with the Seoul Southern District Court 2005Kahap1734, and on July 29, 2005, the provisional seizure was ordered on July 29, 2005, and the provisional seizure was registered on July 29, 2005 (hereinafter “registration of provisional seizure in the Plaintiff’s name”).

(2) Around November 1, 2013, Nonparty Company agreed to pay the Plaintiff the sum of KRW 1160,000,000 (hereinafter “instant loan”) of the loan borrowed (hereinafter “instant loan”) at the maturity rate of August 28, 2013, with 10% per annum.

3) On December 18, 2013, the Plaintiff applied for a payment order against the non-party company for the payment order for the instant loan as Seoul Western District Court 2013Ra8235, the Plaintiff received an order from the above court to pay the Plaintiff the amount of KRW 1160 million with respect to KRW 160 million and KRW 500 million with respect to the Plaintiff from July 1, 2003, and KRW 10 million with respect to KRW 660 million with respect to each of the instant real estate from April 9, 2004 until the delivery date of the original copy of each payment order, and KRW 20% with respect to each of the instant real estate from the next day until the full payment date. The above payment order was served on February 10, 2014, and became final and conclusive on February 25, 2014. (b) The non-party company entered into a pre-contract with the Defendant on February 25, 2013, and received the instant real estate transfer of ownership.

2. On November 6, 2013, the non-party company purchased each of the instant real estate between the Defendant and the Defendant.

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