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(영문) 수원지방법원 2018.09.21 2017가합23007
사해행위취소
Text

1. Defendant C:

A. The Plaintiff A shall be fully paid KRW 944,608,233 and KRW 300,000 among them, starting from September 16, 2017.

Reasons

1. Basic facts

A. On January 14, 2009, Defendant C signed and sealed a letter of loan agreement (Evidence A 20) stating that “the Plaintiff borrowed KRW 500 million by setting the interest rate at 3% per month” with the obligee’s disturbance to E, and E entered the name of the obligee.

At the time, Defendant C had a debt equivalent to the amount of KRW 427 million in total, including the loan amount of KRW 427 million in principal, to E or his subordinate F, and the mortgage amount of KRW 500 million in total was set up on each land of Gri and Hri owned by Defendant C.

B. On the same day, Defendant D lent KRW 300 million interest per month to Defendant C, and deposited KRW 261,00,000,000,000 deducted the interest from the account in the name of Dong I used by E. Defendant C. Defendant C created a maximum debt amount of KRW 2 billion to the Plaintiffs and Defendant D with respect to the land and building in Ansan-si, J, K, L, M, N, P, P, A, A, Qua and ground, respectively (hereinafter “instant secured debt”), and the said secured debt in F’s name was revoked.

In addition, this day, E deposited KRW 50 million into Defendant C’s Gyeyang R’s account.

C. On January 15, 2009, the next day, Plaintiff A deposited KRW 300 million with Plaintiff A’s account, and Plaintiff B deposited KRW 150 million with her husband S.

Defendant C completed the registration of ownership transfer on April 18, 2016, No. 14819, which was received on April 18, 2016, with respect to each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) to Defendant D on April 11, 2016.

(The above sale shall be referred to as "the sale of this case", and the above registration shall be referred to as "the registration of the transfer of ownership of this case"). / [the grounds for recognition] The fact that there is no dispute, Gap 1, 2, 3, 17, Gap 4-2, Gap 18, 19-1 through 4, Gap 20, Gap 22-1, Gap 22-1, the purport of the whole pleadings

2. Determination as to the main defense (the part of the plaintiff's claim against Defendant D)

A. The exercise of the right of revocation against the defendant D and in accordance therewith.

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