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(영문) 의정부지방법원고양지원 2016.02.18 2015가단15057
사해행위취소
Text

1. The sale and purchase contract of April 15, 2015 with respect to the attached list 1 real estate between C and the Defendant and the attached list 2.

Reasons

1. Facts of recognition;

A. (1) On July 31, 2013, the Plaintiff filed a lawsuit against D seeking the return of investment amount (or Jinyang Branch District Court 2013Gahap6919). On April 9, 2014, the said court rendered a judgment that “D shall pay to the Plaintiff the amount of KRW 140 million with interest of KRW 140 million and the interest rate of KRW 20% per annum from September 16, 2013 to the date of full payment,” and the said judgment became final and conclusive through the appellate court.

(2) On April 23, 2014, the Plaintiff issued a collection order (hereinafter “the instant collection order”) with respect to D’s claim for investment deposit, including the following: “The principal of D’s claim is transferred from provisional seizure (the foregoing 2013Kadan50349) to provisional seizure (the damages for delay) and KRW 16,723,287 (the damages for delay) shall be seized; and the claims and collection order (the District Court High Court High Court High Court High Court Branch 2014TT 531; hereinafter “the instant collection order”).

The instant collection order was served on May 28, 2014 on the Defendant.

(3) On April 30, 2015, the Plaintiff filed a lawsuit against C with the court 2014Gahap53455, and on April 30, 2015, the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff 156,723,287 won and 140,000 won among them, 5% per annum from May 29, 2014 to August 1, 2014, and 20% per annum from the next day to the date of full payment.” Although C appealed appealed, it was dismissed, but the judgment became final and conclusive upon dismissal of the appellate brief.

B. On April 15, 2015, C entered into a sales contract for real estate (1) with the Defendant, who is his/her father and wife, on April 15, 2015, on the attached list 1 (hereinafter “instant real estate”) and entered into a sales contract for real estate (hereinafter “instant sales contract”), and completed the registration of ownership transfer to the Defendant on May 7, 2015.

(2) On May 6, 2015, C: (a) the Defendant and the maximum debt amount of KRW 250,00,000 with respect to the real estate listed in the [Attachment 2] List No. 2 (hereinafter “instant real estate”).

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