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(영문) 광주지방법원순천지원 2020.09.16 2019가단3367
사해행위취소 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim related to D applied for a payment order against D as the Jeonju District Court 2010 tea4789.

On September 2, 2010, the above court accepted the Plaintiff’s application for payment order, and issued a payment order stating that “E shall pay to the Plaintiff KRW 3,323,881, and from October 25, 2003 to the date of service of the original copy of payment order, KRW 17% per annum, and damages for delay by 20% per annum from the next day to the date of full payment order.”

The payment order was finalized on September 28, 2010.

B. The Seoul Central District Court Decision 2010Da830861 Decided F Co., Ltd. and the Seoul Central District Court Decision 2012Da118620 Decided March 10, 2016 (hereinafter “instant land”) filed an application for compulsory auction with the Seoul Central District Court for a claim amount of KRW 9,124,700 on March 11, 2016 with the Seoul Central District Court Decision 201Da18620 Decided March 10, 2016.

In the auction procedure, the appraisal value of the instant land was assessed as KRW 3,472,00, and the appraisal value of J-ri’s land was assessed as KRW 5,958,200, and the bid price of K (tender price of KRW 6660,00) and J-ri’s land was decided as the highest bidder.

On August 10, 2016, the highest bidder L and K agreed to withdraw the F's request for auction by receiving KRW 3 million each from the Defendant, KRW 2 million, and the F's request for auction.

On the same day, the defendant subrogated F to F for the liability of DF amounting to KRW 6,406,734.

The F withdrawn the request for auction on August 18, 2016.

C. D A donation contract between D and the Defendant entered into a donation contract with the Defendant, who is a dynamic on September 21, 2016, on the instant land and Jriland (hereinafter “instant donation contract”), and the Defendant on September 22, 2016.

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