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(영문) 서울동부지방법원 2016.02.05 2014나8099
사해행위취소 등
Text

1. Revocation of a judgment of the first instance;

The plaintiff's primary claim is dismissed.

B. The last address of the defendant and C: Gwangju.

Reasons

1. The following facts are acknowledged in full view of the statements in Gap evidence 1 to 31, Eul evidence 1 to 4, Eul evidence 9 to 23, Eul evidence 1 to 3, Eul evidence 1 and 3 to 9 (including additional numbers, if any) as well as witness G witness G, and the fact-finding results in the inquiry into the director of the tax office of North Korea of the first instance into the whole purport of the arguments.

A. The registration of ownership transfer was completed on October 30, 201 with respect to “The land D in Gwangju-gu and the general restaurant on the third floor above its ground” on the acquisition of property and the occurrence of loan (1). The registration of ownership transfer was completed on March 28, 2006 with respect to “the area of Q, C, and R” of “the area of 1813 square meters in Jeju-si.”

(2) On November 16, 2006, the National Bank Co., Ltd. (hereinafter “National Bank”) granted a loan of KRW 550 million to C for the company’s general fund, but R jointly and severally guaranteed the said loan obligation.

(3) On December 15, 2006, the registration of ownership transfer was completed with respect to the real estate listed in the separate sheet (hereinafter “the apartment of this case”) on December 15, 2006, with respect to the apartment of this case as a loan from the Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”) on the same day, and the registration of mortgage creation was completed for the apartment of this case as to the mortgagee Gwangju Bank, Gwangju Bank, the maximum debt amount of 58 million won, and the debtor C.

B. The relationship between C and the branch is the parent-child of C, F, and the moving-in report of F was made on April 5, 2007 on the “Seoul-gu S apartment 109, 1006, Gwangju-gu, Seoul-do, 1006.”

(2) B was a person who had been known with C prior to this, and was registered as a livestock industry on January 31, 2008 with the name of the place of business, “T stock farm,” and “Yanyang-gun U.S.,” and C filed a business report on June 17, 2008 with the name of the place of business, “V stock farm,” “V farm,” and “Yan-gu D1st floor, Gwangju-gu, Gwangju-gu, Seoul-do,” and thereafter operated a business opening with “V stock farm,” “V stock farm,” and “W,” respectively.

(3) The apartment of this case is F on June 25, 2008.

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