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(영문) 서울고등법원 2012.02.01 2011나13755
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. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence of Nos. 1 to 8, and Eul evidence of No. 1 to 11 (including branch numbers), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

A’s damage claim (1) C is a director of J and K Co., Ltd., a multi-level fund-raising company, from July 5, 200 to February 22, 2001, and upon deceiving A, an investor, thereby causing damage to A, which prevents A from collecting part of the investment amount. The investment amount that A has not been recovered after its investment was KRW 586,980,000, and the amount of damage that C shall compensate for was KRW 293,490,000, considering the negligence of A.

(2) A filed a lawsuit against C, etc. seeking compensation of KRW 150,000,00, which is a part of damages arising from the above tort, by the Seoul Central District Court Decision 2004Gahap79125, and was sentenced to a final judgment on September 27, 2005 (hereinafter “the first judgment”). Accordingly, C appealed appealed as Seoul High Court Decision 2005Na90911, but the appeal was dismissed, and the first judgment became final and conclusive as is.

B. The sale (1) of each of the instant real estate was the only property of C, and C, on October 21, 2006, sold the instant land to F (the Defendant’s birth), and completed the registration of ownership transfer to the Defendant on November 28, 2006, and on October 23, 2006, to F, respectively.

(The remaining 1/2 shares of each real estate listed in the attached list are G owned by C, who is the husband of C, and C and G shall pay in cash 395,00,000,000 won out of total purchase price of KRW 670,000 among the entire land of this case and the entire land of this case and KRW 1/2 of the total land of this case to the Defendant, and KRW 1/2 of the total land of this case to F. (2) at the time, the Defendant and F shall pay KRW 395,00,000 out of total purchase price of KRW 670,000.

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