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(영문) 광주지방법원순천지원 2012.08.17 2011가단2498
사해행위취소 등
Text

1. It was concluded on August 9, 2010 between Defendant B and D with respect to the real estate listed in paragraph 2 of the attached Table of Real Estate.

Reasons

1. Facts of recognition;

A. D, while carrying out a research task as a professor and future strategic, new materials engineering of the E-university under the Plaintiff’s control, acquired KRW 654,679,810, and KRW 75,478,40,210 in the name of paying research expenses from February 3, 2006 to October 30, 2009, by means of pretending purchase of goods or adding the claim amount.

B. The above crime committed by D was revealed through an audit by the Ministry of Education, Science and Technology conducted from March 10, 2010 to April 16, 2010. On July 29, 2010, D was detained due to the above crime from June 25, 2010 to July 28, 2010.

C. On August 9, 2010, Defendant D and Defendant B entered into a sales contract of KRW 95,00,000 for the real estate listed in paragraph (2) of the attached Table of Real Estate owned by D, and Defendant B transferred KRW 10,000 as the down payment on August 11, 2010 to D; on August 23, 2010, transferred KRW 87,050,000 (including fees and taxes for certified judicial scrivener) to a certified judicial scrivenerF entrusted with the affairs of registration pursuant to the above sales contract; on August 23, 2010, the certified judicial scrivener F transferred KRW 34,00,000 to G, and KRW 50,000,000 for the collateral security interest on the said real estate to H on August 24, 201, and deducted the remainder of the fees and taxes from the certified judicial scrivener on August 20, 200.

A certified judicial scrivener F cancelled the registration of the establishment of the above establishment of G and H on the real estate stated in paragraph (2) of the attached real estate list, and completed the registration of the transfer of ownership in the name of Defendant B on August 23, 2010.

E. On June 16, 2010, D and N entered into a sales contract with a total of KRW 350,000,000, including a down payment amount of KRW 100,000,000, for the real estate listed in the [Attachment 1, 3] real estate list in [Attachment 1, 3] real estate, and one another under the name of D, J-based 18149 square meters, K 1061 square meters in J-si, K 1061 square meters in lots, L 542 square meters in lots, and M 1402 square meters in total.

F. N means D on June 16, 2010, which is the contract date under the above sales contract, KRW 100,000,000, which is the contract date.

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