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(영문) 대전지방법원 홍성지원 2018.11.20 2017가단8685
청산금 지급청구 및 사해행위취소
Text

1. The plaintiffs' primary and conjunctive claims against Defendant C and each claims against Defendant D and E are dismissed.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are South-North Branched, Defendant D and E are children of Defendant C.

B. Around July 12, 2000, Defendant C opened the following business: (a) on a rent of KRW 15 million for the 300,000,000,000,000 per month of the rent, and (b) on a rent of KRW 15,000,000; and (c) on a rent of KRW 30,000,000,000,000,000,000 for the above lease agreement, Defendant C changed the terms of the said lease to KRW 20,000,000,000 for the rent of KRW 40,000,000 for the following month; and (d) thereafter, Defendant C operated the instant franchise.

C. On February 22, 2002, Defendant C completed the registration of ownership transfer of each real estate under its name on the grounds of “trade on February 21, 2002,” 204, 3, and 4 on July 27, 2004, for each real estate on the grounds of “trade on June 28, 2004,” 3, 5, and 6 on November 16, 2010, for each real estate on the grounds of “trade on October 31, 2010,” and 4 on October 18, 2004, for each real estate on the grounds of “trade on September 17, 2004.”

On the other hand, on May 23, 2002, the land of the I 519 square meters and J 526 square meters was combined with the real estate of the Republic of Korea.

Plaintiff

A on May 27, 2002, the location of each real estate Nos. 1 and 2 is the location of K (hereinafter “instant breeding house”) and the term “K” (hereinafter “instant breeding house”) has registered a trade name.

E. On August 23, 2017, Defendant E filed for the registration of transfer of ownership (hereinafter “registration of transfer of ownership”) in the name of the Daejeon District Court on the real estate in subparagraphs 7 and 8 due to the donation from August 22, 2017 to “the first donation from August 22, 2017” (hereinafter “instant donation contract”). As to the real estate in subparagraphs 1 through 6, Defendant D was named as the reason for “the donation from the Daejeon District Court red support on August 23, 2017” (hereinafter “instant donation 2”).

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