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(영문) 전주지방법원 2019.04.05 2018가단1256
사해행위취소
Text

1. As to real estate listed in the separate sheet

A. Defendant B and Nonparty D were concluded on May 25, 2017.

Reasons

1. Basic facts

A. On April 21, 2016, the Plaintiff filed a lawsuit against Nonparty D (name E before the opening of name; hereinafter “D”) to claim the return of agreed amount under 2016da32587, and paid KRW 35,00,000 to the Plaintiff jointly and severally with Nonparty F by May 31, 2016, but if D fails to pay the said amount by the payment date, it was decided to recommend settlement (hereinafter “claim following a settlement recommendation”) to the effect that “if D does not pay the said amount by the payment date, it shall be paid by adding the damages for delay calculated at the rate of 15% per annum from the date following the payment date to the date of full payment.” The above decision was finalized on May 13, 2016.

B. D’s disposal of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) D on December 16, 2015, the real estate indicated in the separate sheet No. 1 (hereinafter “instant real estate”) from Nonparty G on December 16, 2015.

(1) The Plaintiff purchased and completed the registration of ownership transfer on December 18, 2018, and completed the registration of ownership transfer on the said real estate (1) the maximum debt amount of KRW 49,400,00, and the debtor G and the right to collateral security (hereinafter “H association”).

(2) On August 17, 2012, which was concluded on May 9, 2012 with the right to collateral security, ② the maximum debt amount of KRW 13,00,000, the debtor G and the right to collateral security (H), ③ the maximum debt amount of KRW 6,50,000, G and the right to collateral security (H), which was concluded with the debtor, G and the right to collateral security (H), was concluded on September 16, 2014 with the debtor, the right to collateral security, ④ the maximum debt amount of KRW 13,00,000, G and the right to collateral security (H), the debtor and the right to collateral security (the right to collateral security was changed to the debtor on December 19, 2015), and the debtor and the joint and several debt amount of KRW 13,000,000, which were concluded on September 19, 2015, D changed to the debtor on May 20, 2015, the debtor and the Defendant 205.

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