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(영문) 대전지방법원천안지원 2015.11.06 2014가합2702
사해행위취소
Text

1.(a)

Defendant B and Nonparty D on March 31, 2014 with respect to each real estate listed in attached Tables 1 and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff and D’s money transaction 1) On November 2, 2009, the Plaintiff loaned KRW 130,000,000 to D on November 2, 2009, with the interest rate of KRW 2% per month, and two months after the Plaintiff notified D of the repayment due date (hereinafter “instant lending”).

(2) On May 8, 2013, the Plaintiff filed a lawsuit against D to pay the instant loan (Seoul District Court Decision 2013Gahap1451), and rendered a judgment on May 8, 2013 that “D shall pay to the Plaintiff 130,000,000 won and 20% interest per annum from January 1, 2013 to the date of complete payment,” and the said judgment became final and conclusive as it is.

3) On September 6, 2013, D agreed to pay to the Plaintiff the instant loan amounting to KRW 130,000,000, and KRW 5,000 per month from November 10, 2013 to KRW 5,00,000 per annum, and to pay the Plaintiff’s own real estate in lump sum. (B) D’s disposal of property (i) on March 31, 2014, sold each real estate listed in [Attachment 1, 200,000,00 (hereinafter “the instant ASEAN Real Estate”) to Defendant B, one of his/her his/her his/her his/her his/her dependent, for sale (hereinafter “the instant purchase”). Pursuant to the instant sales contract, D transferred the instant real estate to Defendant B on April 26, 2014 as the registration for transfer of ownership (hereinafter “instant ownership”).

2) On April 16, 2014, D = each of the real estates listed in [Attachment C, 4, and 5 [Attachment D] List of Real Estate (hereinafter “instant Daejeon Real Estate”) to Defendant C.

3) As to the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 400,000,000 on the part of the Defendant C or the maximum debt amount

)In accordance with the instant mortgage contract, the agreement was concluded, and the establishment registration was completed on April 17, 2014 by the Daejeon District Court, Daejeon District Court, Daejeon District Court No. 23120, respectively, as of April 17, 2014. [Grounds for Recognition] The facts of absence of dispute, Gap Nos. 1, 2, 3, 4, 14, 16 (including a serial number; hereinafter the same shall apply).

each entry, ...

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