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(영문) 대전지방법원 2017.09.20 2016나112974
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for revocation and notification shall be revoked.

Reasons

1. Basic facts

A. 1) D (i) the existence of the Plaintiffs’ claim against D; Plaintiff A filed a lawsuit against D seeking payment of each of the above loans under Daejeon District Court Decision 2014Da204939, Aug. 14, 2013, with a monthly interest rate of KRW 3%; KRW 5,000,000 on December 25, 2013; and Plaintiff B lent KRW 40,000,000 on August 14, 2013, respectively. 2) D had not repaid the interest on the loans after November 2013; and the Plaintiffs filed a lawsuit against D seeking payment of each of the above loans under the Daejeon District Court Decision 2014Da204939.

On May 16, 2014, the above court fully accepted the plaintiffs' claims, and the judgment became final and conclusive on June 4, 2014.

B. Voluntary auction procedure for D-owned real estate

F) F, G, the mortgagee of the right to collateral security (hereinafter “instant auction procedure”) obtained a voluntary decision on the commencement of auction on the instant real estate from the Daejeon District Court on January 12, 2015 (hereinafter “instant auction procedure”).

(2) On July 23, 2015, the instant real estate was sold at the instant auction procedure. (2) D received dividends of KRW 124,250,473 as a surplus from the instant auction procedure on August 27, 2015.

C. D, on August 4, 2015, loans of KRW 400,000,000 to the Defendant, who is his/her father, on August 10, 2015, and due date for payment of dividends, No. 2015 and No. 708 of the No. 2015 (hereinafter “No. notarial deed of this case”).

(2) On August 18, 2015, the Defendant: (a) filed an application with the Daejeon District Court for the attachment and assignment order of claims against D regarding the right to claim dividend payment (2015TTTT 11137); (b) on August 20, 2015, the Daejeon District Court issued the attachment and assignment order of claims against D; and (c) on August 24, 2015, each of the orders was served on the Republic of Korea, the garnishee.

On September 2, 2015, Daejeon District Court 2014Da204939, Sept. 2, 2015.

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