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(영문) 수원지방법원안양지원 2015.01.27 2014가단108728
사해행위취소
Text

1. A share transfer contract concluded on February 22, 2012 between the Defendant and Nonparty C with respect to the share in the separate sheet.

Reasons

1. According to the evidence evidence evidence Nos. 1 through 5, the Plaintiff and C sent a certificate to the effect that on October 25, 2007, the Plaintiff and C shall refund KRW 80,569,560, which are the Plaintiff’s share in the purchase price received from H, and that on October 27, 2007, the Plaintiff and C filed a lawsuit against the Plaintiff seeking the refund of KRW 1/2 shares on the ground of sale as of October 23, 2007, and that on May 9, 2011, the Plaintiff and C have completed the registration of ownership transfer for each of 1/2 shares. The Plaintiff and C sold the instant real estate to G and H, around February 2012; the Plaintiff paid KRW 80,569,560, which were the Plaintiff’s share in the purchase price received from H, to KRW 30,000,0000, which were 201,000,0000,000.

2. On February 22, 2012, C’s establishment of a fraudulent act: (a) concluded a share transfer agreement with the Defendant, the spouse, on the shares in the separate sheet (hereinafter “instant shares”); (b) the Defendant acquired the instant shares from C, completed registration on February 22, 2012, and became a partner with limited liability of the said limited partnership; and (c) the fact that C was in excess of its obligation at the time of entering into the instant contract for share transfer; etc., there is no dispute between the Plaintiff and the Defendant.

Therefore, C’s transfer of the instant shares, the only property of C in excess of its obligation, to the Defendant, becomes a fraudulent act in relation to the Plaintiff, who is another obligee, and the Defendant and C.

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