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(영문) 서울중앙지방법원 2017.11.07 2016가합568581
사해행위취소
Text

1. The date of November 23, 2015 pertaining to each of the pertinent shares indicated in the separate sheet 1 through 4 shareholding between the network H and the Defendants.

Reasons

1. Facts of recognition;

A. 1) The network H (hereinafter “the network”) is a party’s status, etc.

) On August 3, 2015, J Co., Ltd. (hereinafter “J”) along with E on August 3, 2015

J-issued shares (which are non-issued shares)

(2) Of the 100,000 shares, 99,900 shares were owned by the Deceased and 100 shares E. (2) The Plaintiffs are creditors of the Deceased.

B. On January 30, 2012, Plaintiff A loaned KRW 800,000,000 to the Deceased on or before the due date set on or before December 30, 2012. On September 13, 2013, the Daegu District Court Port Branch Branch Order 2013 tea2048 issued the payment order to the Deceased, and became final and conclusive October 8, 2013. 2) On June 30, 2012, Plaintiff B lent KRW 700,000 to the Deceased on or after the due date set on June 30, 2013, and issued the payment order to the Plaintiff on September 11, 2013 by the Daegu District Court Branch Branch Order 2013 tea 2021, which became final and conclusive on September 11, 2013.

3) On March 30, 2012, Plaintiff C lent KRW 300,00,00 to the Deceased on March 30, 2013. On September 30, 2013, the payment order for the deceased was issued on September 22, 2013 under the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 1) on November 23, 2015, the Deceased was finally issued on October 23, 2015. The Deceased’s will was “5% of the issued stocks” to Defendant D, E, F, and Attorneys N, and Chief Branch Branch Branch Branch Branch Branch Branch Branch, “20% of the issued stocks” to Defendant D, Defendant F, Defendant F, and Defendant D’s will to the effect that 00% of the issued stocks were distributed to Defendant G, and Defendant D’s shares 50.

When comprehensively taking into account the status of shares held by the deceased and Defendant E at the time, the content of the deceased’s will is to be deemed to be a testamentary gift of the shares held by the deceased until it reaches 55% to Defendant D, until it reaches 20% to Defendant E, and until it reaches 20% to Defendant F, it is reasonable to deem Defendant G to the effect that the shares held by the deceased are bequeathed until it reaches 5%.

2..

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