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(영문) 인천지방법원 2014.11.27 2013가단72625
사해행위취소
Text

1. The shares in the separate list of the stock company F entered into between the defendant and the non-party E and the management right of the above company.

Reasons

The plaintiffs asserted that, in collusion with the defendant on February 2013, the non-party E acquired 15% of the shares of the F Co., Ltd. (hereinafter "F") held by E in collusion with the defendant as the primary cause of the claim, they falsely transferred 15% of the shares to the defendant. However, there is no evidence to acknowledge that the above transfer

Next, I examine the conjunctive cause of claim.

The facts that there is no dispute between the parties, comprehensively taking account of the overall purport of the arguments in the statements in Gap's evidence Nos. 1 through 11, it can be acknowledged that the plaintiff A, the plaintiff Eul, the plaintiff Eul, the plaintiff Eul 46,000,000, and the plaintiff Eul, the plaintiff Eul, the loan claim of KRW 90,000,00, which are the only property in excess of the debt, are transferred to the defendant, non-party G, H, and I.

According to the above facts of recognition, the above share transfer contract constitutes a fraudulent act.

The defendant has a defense against this to the purport that he is a bona fide beneficiary, but it is not sufficient to recognize only the evidence of Nos. 1 through 5, and there is no other evidence to acknowledge it.

Therefore, the plaintiffs' claims are accepted on the grounds of the reasons.

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