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(영문) 서울중앙지방법원 2017.09.13 2016가단5069785
사해행위취소
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 174,785,405 and KRW 172,053,755 among them.

Reasons

1. Determination as to the claim against Defendant A, B, and C

(a) Indication of claims: as shown in Appendix 2;

(b) Claim against Defendant A and B: Each judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

(c) Claim against Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination on Defendant D’s claim

A. On August 18, 2015, the Plaintiff entered into a contract with Defendant D to sell each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as KRW 800,000,000 (hereinafter “instant contract”) on August 18, 2015, and completed the registration of transfer of ownership on September 2, 2015, with Defendant D on September 2, 2015 as the receipt of No. 11736 on September 2, 2015.

3) At the time of the instant sales contract, Defendant D Company A (hereinafter “Defendant Company”)

Defendant B is its representative director.

) The Defendant D had a claim for the amount of KRW 350,00,000 for the goods of KRW 350,000,000 by delivering the goods, such as a temporary storage, to the Defendant. When concluding the instant sales contract, Defendant D substituted the same amount for the purchase price as KRW 300,000,000 for the goods of KRW 300,000 for the Defendant Company, and as to the instant real property, the collateral security (the maximum amount of the claim is KRW 600,000 for the bonds) established in the name of the National Bank of Korea on August 9, 2

(4) After completing the registration of ownership transfer on the instant real estate, Defendant D completed the registration of ownership transfer on September 2, 2015 with respect to the establishment of a neighboring mortgage-based bank, one of the maximum debt amountsing to 600,000,000 won.

In addition, Co., Ltd. concerning the instant real estate.

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