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(영문) 부산지방법원서부지원 2020.12.24 2019가단8724
사해행위취소
Text

1. On July 3, 2018, the payment contract between D and Defendant B and the Defendants on the real estate indicated in the separate sheet between D and Defendant B.

Reasons

Basic Facts

The plaintiff delivered KRW 500 million to D in a de facto marital relationship at the time of around 2014, and received a return of KRW 140 million during the de facto marriage period.

The de facto marital relationship between the Plaintiff and D was broken down around 2017, and the Plaintiff demanded D to return KRW 180 million, which is half of KRW 360,000,000, which is the remainder after deducting KRW 140,000,000 paid from the above KRW 50,000,000.

D In March 8, 2018, the Busan District Court Branch Decision 2018da102940 decided March 8, 2018 filed a lawsuit seeking confirmation of the existence of the obligation amounting to KRW 180 million against the Plaintiff, but withdrawn the lawsuit on May 16, 2018.

On July 3, 2019, the Plaintiff filed a lawsuit against D with the Busan District Court Branch Decision 2019Ga5473, which claimed the return of the custody amount of KRW 80 million. On May 29, 2020, the agreement was concluded between D and D in the conciliation case No. 2020,101542 of the same court performed in the said lawsuit, which was performed on May 29, 2020, that “D shall pay the Plaintiff KRW 50,000 and damages for delay after the due date, and shall be confirmed that there is no civil claim against each other.”

D On July 4, 2018, Defendant B entered into a payment contract with respect to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) with Defendant B (hereinafter referred to as “instant payment contract”) (hereinafter referred to as “instant real estate”), and completed the registration of transfer of ownership on July 4, 2018 as the receipt of the Gwangju District Court’s Netcheon Branch Branch Office No. 10279 on July 4, 2018.

(B) On January 9, 2019, Defendant C and the title holder of the instant real estate agreed to establish a mortgage on the instant real estate after completing the registration of ownership transfer to Defendant B, and Defendant C and the title holder of the instant real estate agreed to establish a mortgage on the instant real estate. As to the instant real estate, Defendant C and the title holder of the instant real estate entered into a mortgage agreement with Defendant C on January 9, 2019, and following.

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