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(영문) 전주지방법원 2015.11.12 2014나5572
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

Each real estate indicated in the separate sheet between the defendant and C.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) Nos. 1 to 5; (c) Nos. 1 to 10; and (d) Nos. 13 to 16 (including the serial number); and (c) the testimony of the witness C at the trial and the purport of the whole pleadings as a result of the appraisal by the appraiser E at the trial

Each real estate of this case was F owned by the defendant and C, and the registration of ownership transfer was completed in C's name due to the gift made on March 19, 199 on March 20, 199, but the F Husband and wife were still residing.

B. From August 28, 2009 to October 24, 2009, the Plaintiff was awarded a subcontract from C, the Defendant’s birth, for the construction of the light-speed rail Kimcheon-si Facilities and other construction, and completed the construction.

C. When the Plaintiff was unable to receive the said construction cost from C, the Plaintiff filed a complaint with the Kimcheon Police Station around April 2010 to the effect that C was guilty of fraud, and accordingly, the Plaintiff stated to the effect that “Unpaid construction cost is KRW 18,193,850,” which was commenced during the investigation process, and the Prosecutor issued a non-prosecution disposition on August 1, 2014 that C was not guilty of having been prosecuted on the grounds of insufficient evidence.

On the other hand, due to C’s failure of business, the land of this case is as follows.

When the registration of seizure, etc. has been completed as shown in the table of paragraph (1), the defendant acquired the ownership of each real estate of this case, the only property owned by C, instead of repaying various debts borne by C.

E. On July 11, 2012, on the instant land, the attachment registration and the establishment registration of a neighboring mortgage as indicated below were completed. However, on July 3, 2012, the Defendant paid KRW 5,335,850 to the State (Dongju Tax Office), the execution creditor of the instant land, KRW 57,420 at the same time, KRW 3,081,360 to the same State (Seoul Tax Office), and KRW 28,000,000 to the mortgagee G (G real estate of this case was set up as a joint collateral) on July 11, 2012.

The priority number;

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