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(영문) 서울중앙지방법원 2015.12.11 2015가단5163109
사해행위취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement against B in 2007 (this court 2007 Ghana2451394).

On November 28, 2007, this Court rendered a decision of performance recommendation that "B shall pay to the Plaintiff 9,252,320 won jointly and severally with Samwon World Co., Ltd. and the amount calculated by applying 19% per annum from April 4, 2007 to December 10, 2007, and 20% per annum from the next day to the date of full payment."

The above decision was finalized on December 25, 2007.

The amount of claims against Plaintiff B as of May 11, 2015 is KRW 21,766,955.

B. On September 25, 2014, the Defendant purchased real estate in attached Form C (hereinafter “instant apartment”) from the Defendant for KRW 250 million.

On November 20, 2014, the defendant completed the registration of ownership transfer under the name of the defendant with respect to the apartment of this case.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. Plaintiff’s assertion and judgment on the grounds of claim

A. 1) With respect to the primary claim, the Plaintiff asserted the following grounds, and sought compensation for the equivalent value as the revocation of the fraudulent act and restitution to its original state. (A) B donated the purchase price of the instant real estate to the Defendant, who is the son.

B was in excess of obligations at the time of donation.

B’s above donation of purchase price constitutes a fraudulent act that undermines the Plaintiff’s claim for reimbursement against B.

B) The Defendant received KRW 155,00,000 from B, exceeding the Plaintiff’s claim amount of KRW 21,766,955,00,00 from the purchase fund of the apartment of this case. (C) Accordingly, the Defendant and B should be revoked within the limit of KRW 21,766,955, which is the Plaintiff’s claim amount.

As a result, the defendant is obligated to pay to the plaintiff 21,766,955 won and damages for delay.

2) Each of the descriptions of Gap evidence 3, and Nos. 4-1 to 4 shall be alone.

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