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(영문) 의정부지방법원 2017.12.14 2016나7563
사해행위취소
Text

1.The judgment of the first instance, including a claim for an exchange change in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The defendant does not dispute the amount of claims against the plaintiff's claim C against the plaintiff's debtor C.

C On July 3, 2013, the payee issued to the Plaintiff a promissory note (hereinafter “instant promissory note”) with the Plaintiff’s face value KRW 60,000,000, and the due date on September 30, 2013, and a notary public drafted a notarized deed stating the purport of accepting the Plaintiff’s compulsory execution based on the claim of the said promissory note under the No. 246 by a notary public as of July 2013.

B. On May 14, 2013, J, the Defendant’s dispositive act, etc. 1) concluded a sales contract with the Defendant to sell I forest land 679mm2 (hereinafter “instant sales contract”) with the Defendant on August 29, 2013 (hereinafter “instant real estate”). On August 29, 2013, J concluded a sales contract with the Defendant for selling I forest land 679m2 (hereinafter “instant sales contract”). On May 29, 2013, J completed the registration of ownership transfer with the Government District Court No. 14930, Jun. 6, 2013 with respect to the instant real estate.

3) As of August 21, 2013, the market price of the instant real estate was KRW 88,270,000,000. At the time, the real estate at the time was 26,000,000 of the actual secured debt amount (the maximum bond amount was KRW 68,90,000,000, and the debtor C and the date of closing argument in the instant case.

(4) On August 29, 2013, the registration of the establishment of the ownership of the instant real estate was completed, and the amount of the actual secured claim was KRW 30,000,000 (the maximum amount of claims KRW 50,000,000, and KRW 30,000) and KRW 30,000,000 (the debtor C). 4) The registration of the establishment of the ownership of the instant real estate under the name of the said L was revoked on the ground of termination as of August 21, 2013, the Government District Court of the Dong-gu District Court No. 14929 on August 29, 2013, and C was revoked on the ground of termination as of August 21, 203, which was received from the Defendant’s Oback on August 21, 200.

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