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(영문) 서울동부지방법원 2014.12.12 2014나880
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On February 25, 2009, E issued and delivered to the Plaintiff a copy of Promissory Notes with face value of KRW 200 million, the payee, the place of payment, and the place of payment, Seoul, and one Promissory Notes with the payment due date in sight (hereinafter “instant Promissory Notes”). On May 21, 2009, the Plaintiff and E entrusted the preparation of a notarial deed with respect to the Promissory Notes in this case to a notary public’s J-office No. 817, a notarial deed with the declaration of intent to recognize compulsory execution with respect to the Promissory Notes in this case.

B. On February 21, 2011, E sold the instant forest to B, the husband of the instant forest, and on February 24, 2011, on February 21, 2011, E completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt of the Seoul Eastern District Court Decision 6726 on February 21, 201, and B concluded a pre-sale agreement with the Defendant on February 24, 201 with respect to the instant forest, and completed the provisional registration of the right to claim ownership transfer registration (hereinafter “instant provisional registration of the right to claim ownership transfer registration”) with respect to the instant real estate as of February 24, 201, Seoul Eastern District Court Decision 7568, Feb. 24, 2011.

C. Meanwhile, at the time of completing the registration of transfer of ownership of this case to B, E bears the obligation of KRW 60,000,000 against H (this Court Order 2005Da27660, Jun. 22, 2006) and KRW 47,00,000 against B (this Court Decision 201Ga63698, Dec. 14, 201) as well as the obligation of KRW 110,000 against B (No. 201Da63699, Jan. 29, 200), while actively bears the obligation of KRW 150,00 against B (No. 209, No. 15999, Jan. 29, 2009) with the exception of G automobiles and forest land.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 4 evidence, purport of the whole pleadings

2. Determination

A. On February 25, 2009, before E, the existence of the preserved claim, issued and delivered the Promissory Notes to the Plaintiff on February 25, 2009, prior to selling the forest land of this case to B, so the Plaintiff’s claim for the instant Promissory Notes is as seen earlier.

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