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(영문) 인천지방법원 2021.01.26 2019가합63903
사해행위 취소 및 원상회복 청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 28, 2015, the Plaintiff loaned KRW 200,000 to D as business funds. On the same day, the Plaintiff transferred KRW 100,000 from the national bank account in the name of the Plaintiff to the new bank account in the name of the Plaintiff’s mother, and KRW 100,000 from the postal bank account in the name of D.

2) However, on October 10, 2017, D demanded the Plaintiff to pay the above loan, and during which process, the process of the lending and borrowing contract (No. 1186 of the notary public E office deed, No. 2017, No. 1186 of the E office deed, and the above process deed, the F Co., Ltd. with D representative director is written as the debtor, and D is written as the joint guarantor of the debt obligations under the above process deed, and D is written in the following manner: (i) the amount of KRW 200 million from the Plaintiff on October 16, 2017 due date for repayment; and (ii) the interest and delayed interest rate at 24% per annum.

B. A registration of division and transfer of inherited property 1) G, the father of D (hereinafter “the Deceased”), died on April 2015, and his heir D and Defendant B, the spouse of the deceased.

2) The deceased’s inheritors did not inherit the deceased’s properties, and Defendant C did not consult on the division of the inherited property (hereinafter “the division of the inherited property”) with the content that Defendant C received the instant 1 through 5 real property, and Defendant B received each inheritance of the instant 6 real property.

3) As to the instant real estate 1 through 4 on July 21, 2015, Defendant C completed the registration of transfer of ownership (hereinafter “each of the instant registrations”) on October 22, 2015 with respect to the instant real estate 5, and on October 22, 2015 with respect to the instant six real estate on April 4, 2015, respectively.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 (including each number), 3-1, 4, 7, and 8-1 of the evidence No. 1, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the defendants' defense is the plaintiff.

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