(영문) 수원지방법원성남지원 2017.08.23 2016가단17940

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(영문) 수원지방법원성남지원 2017.08.23 2016가단17940

사해행위취소 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 6, 2015, the Plaintiff lent KRW 50,000,00 to D Co., Ltd. (hereinafter “Nonindicted Company”) and the representative director C of the said Company as of August 5, 2015. The Plaintiff issued a promissory note No. 50,000 won at face value to the Plaintiff, and issued a promissory note No. 30,000 on August 5, 2015.

B. On December 20, 2016, the Plaintiff filed a lawsuit against Nonparty Company and Nonparty C seeking the payment of loans under the Suwon District Court Branch Branch Branch 2016Kadan15135, and the said court rendered a judgment that “the Plaintiff shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the amount equivalent to 15% per annum from June 6, 2016 to the date of full payment,” and the said judgment became final and conclusive.

C. On April 6, 2016, C completed the registration of ownership transfer on the grounds of donation on March 22, 2016 (hereinafter “instant donation”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). On March 10, 2016, C filed a divorce report with C on June 10, 2016.

As to the instant real estate on April 6, 2016, April 8, 2016, Defendant B: (a) cancelled the registration of creation of a mortgage, the maximum debt amount of KRW 480,00,00; (b) the registration of creation of a mortgage, the debtor C; and the mortgagee C; (c) the maximum debt amount of KRW 120,00,00; and (d) the registration of creation of a mortgage, the debtor C; and C; (b) the debtor; and (c) the debtor; and (d) the debtor; and (d) the debtor; and (e) the mortgagee; and (e) the debtor; and (e) the debtor; and (e) the debtor; (f) the debtor; (f) the Han-mortgage; (f) the registration of creation of a mortgage, the maximum debt amount of KRW 240,00,00; and (f) the registration of creation of a mortgage, the debtor; and (f) the debtor; and (f) the debtor; and

【In the absence of any dispute, there are evidence Nos. 1 through 4, evidence No. 2, evidence No. 3, evidence No. 14, and evidence No. 27.

유사 판례

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