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(영문) 의정부지방법원 고양지원 2017.04.26 2015가합75414
사해행위취소
Text

1. As between the Defendant and C,

(a) concluded on November 30, 2014 with respect to each real estate listed in the separate sheet No. 1 list;

(b) Appendix 2.

Reasons

1. Basic facts

A. On December 2, 2008, the Plaintiff filed a lawsuit claiming consolation money with Suwon District Court 2008Gahap13084, and received a judgment in favor of the Plaintiff on December 2, 2008 that “C shall pay to the Plaintiff KRW 327,10,000 per annum 20% from April 8, 2008 to the date of full payment” that “C shall pay to the Plaintiff KRW 437,496,249 and from the above amount, KRW 327,10,000 per annum.” The above judgment was finalized on December 30, 2008.

B. On August 20, 2014, the Plaintiff received dividends of KRW 260,71,874 as a person holding a provisional attachment, with a claim for a bond based on the above final judgment (principal KRW 327,100,00 and interest KRW 527,112,687) in Seoul Northern District Court D Real Estate Auction, E (Joint) with respect to real estate owned by C on August 20, 2014. At the time of the instant lawsuit, the Plaintiff still remains 664,596,265 won against C.

C. C: (a) As to each real estate listed in the separate sheet No. 1 as of November 30, 2014; (b) as to each real estate listed in the separate sheet No. 2 as of January 5, 2015; and (c) as to each real estate listed in the separate sheet No. 1 as of December 2, 2014 as to each real estate listed in the separate sheet No. 1 as of the Jeju District Court No. 107138, Dec. 2, 2014; (c) as to each real estate listed in the separate sheet No. 60343, Dec. 2, 2014; and (d) as to each real estate listed in the separate sheet No. 1 as to each of the real estate listed in the separate sheet No. 2 list No. 1178, Jan. 5, 2015; and (d) completed the establishment registration of each of the instant real estate as to each of the instant real estate (hereinafter collectively referred to as “each of the instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 4-1 to 17, the purport of the whole pleadings

2. Determination

(a)the existence of a preserved claim;

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