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(영문) 수원지방법원성남지원 2015.06.09 2014가단209998
사해행위취소
Text

1. Defendant B’s KRW 11,001,365 as well as 5% per annum from May 30, 2013 to June 9, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 2, 2004, the Plaintiff completed the marriage report with Defendant B’s son, E.

On or around March 30, 2005, the Plaintiff and E purchased the apartment of this case with funds raised by the Plaintiff, Plaintiff’s parents, E, and Defendant B, and completed the registration of ownership transfer in Defendant B.

B. The Plaintiff and E shared consultations on June 9, 2008. At that time, the Plaintiff and E agreed to sell the instant apartment in the future and divide the price into 1/2 when the Plaintiff and his father F (hereinafter referred to as “the Plaintiff’s side”) and the Defendant E and the Defendant B (hereinafter referred to as “Defendant B”).

C. After that, on July 26, 2010 with respect to the instant apartment, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on the ground of trade reservation in the Plaintiff’s future on July 26, 2010, and the cancellation registration of the provisional registration of this case was completed on January 13, 201.

On the other hand, on April 29, 2013, Defendant B entered into a sales contract to sell the instant apartment to Defendant D with the price of KRW 240 million (hereinafter “instant sales contract”). On May 29, 2013, Defendant B completed the registration of ownership transfer on the said apartment.

E. Meanwhile, on May 29, 2013, Defendant D completed the registration of the establishment of a fundamental right at the time of the debtor, Defendant D and the maximum debt amount, KRW 243.6 million, in the name of the Korea Exchange Bank, and Defendant D was transferred on October 28, 2013 to the nearest bank of the Korea Exchange Bank.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 evidence, Eul 6, 7 evidence, Eul 2, the purport of the whole pleadings

2. Defendant B’s defense prior to the merits of this case asserted that the Plaintiff suffered from mental illness and did not have litigation capacity, and that Defendant B did not have any defense prior to the merits.

However, there is no evidence to acknowledge that there is no litigation capacity for the plaintiff.

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