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(영문) 인천지방법원 2016.06.02 2014나18414
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against B loaned KRW 235,960,00 to B on June 30, 209. However, the Plaintiff did not pay the principal and interest of the loan, and filed a lawsuit for the claim of loans with the Seoul Central District Court 2012Gahap58253, Dec. 18, 2012, “B shall pay to the Plaintiff the amount of KRW 259,509,034 and KRW 235,960,000 per annum from June 12, 2012 to the date of full payment.” This judgment became final and conclusive around that time.

(hereinafter “Claims of this case”). (b)

B and the Defendant’s reservation to trade and contract 1) B, on June 1, 201, the mother promised to sell the C Borrowing owned by him/her to the Defendant (hereinafter “instant promise to trade”) and on June 16, 201, the instant right to claim the transfer of ownership was registered.

B) On September 10, 2012, B sold C Lending to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer on the ground of such sale on September 11, 2012, B promised to sell D apartment units (hereinafter “contract for sale of D apartment units”) to the Defendant on June 1, 201, and the provisional registration indicated in B was cancelled on June 16, 201, as follows: (a) D apartment units were sold to a third party at the auction, and the provisional registration was cancelled; (b) 190,000,00,00,000 won and 190,00,00,00,000 won and 20,00,000 won and 50,00,000 won and 10,000,000 won and 50,000 won and 50,000,00 won and 50,000,000 won and 5,00,00.

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