logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2015.12.18 2013가합3163
사해행위취소
Text

1. The Defendant (Counterclaim Plaintiff) B: (a) the Plaintiff (Counterclaim Defendant) KRW 115,00,000 and its amount from May 31, 2014 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Plaintiff B, who received the remittance amount from the date of the transfer of basic facts, KRW 50,000,000 on July 12, 2011, Plaintiff B, Defendant B, who received the remittance amount, KRW 50,000 on August 12, 201, in total, KRW 115,00,000 on August 12, 201, Plaintiff B, Defendant B, Defendant B, KRW 30,000 on August 12, 201, KRW 5,000 on August 12, 2011, Plaintiff B, who was KRW 50,000 on October 28, 201, KRW 115,000 on October 28, 201.

A. From June 20, 201 to October 28, 2011, the Plaintiff remitted total of KRW 115 million to Defendant B as follows.

B. As to the land owned by the Plaintiff (hereinafter “instant land”), the registration for transfer of ownership in the name of Defendant B was completed on the ground of the title “sale as of June 21, 2013,” the Changwon District Court’s registration office, which received on June 24, 2013, under the title “sale as of June 21, 2013,” and the title “donation as of July 18, 2013,” under the title “donation as of July 22, 2013,” (hereinafter “the instant donation agreement”) as of July 18, 2013, the title transfer registration was completed in the order of Defendant C, a son of Defendant B, on the ground of the title “sale as of June 24, 2013.”

C. Meanwhile, on March 18, 2013, the registration of creation of a mortgage (hereinafter referred to as the “instant collateral security”) was completed on the following grounds: (a) on May 29, 2013, the instant land was divided into the land in the land in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam-do; (b) one thousand square meters prior to H; (c) one hundred and sixty-four square meters prior to J; (d) one hundred and sixty-eight square meters prior to J; and (e) one hundred and sixty-four square meters prior to J; and (e) one hundred and sixty-four square meters adjacent to K-si; and (e) the registration of creation of a mortgage was revoked on September 2, 2013, which was completed on the instant land.

Defendant B was sentenced to imprisonment with labor for one year as of September 3, 2015, as the crime of fraud, stating that “With no intention or ability to repay the money, the money was remitted to the Plaintiff KRW 50 million on July 12, 201, KRW 30 million on August 12, 201, KRW 20 million on October 28, 201, and KRW 20 million on October 28, 201.”

Defendant B appealed and the above case is currently pending in the appellate court (the District Court 2015No2419).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 14, 15 (including paper numbers),

arrow