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(영문) 수원지방법원 2014.10.23 2014나17609
사해행위취소 및 원상회복청구권
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Facts of recognition;

A. B, on February 20, 2009, for the purpose of trading business, bonds and securities trading business, etc., B was appointed as an internal director and a representative director of C (hereinafter “C”), and the Defendant is the spouse of B.

B. B holds a business explanation meeting and recruited investors to the effect that C would make an investment in the stocks paid in kind (the stocks paid by the company to the State in lieu of cash) and distribute high profits. On April 201, 201, E also attended the business explanation meeting and received solicitation from B to make an investment that would guarantee the principal when investing in stocks paid in kind in kind, as well as pay a monthly high profits, from July 15, 201 to September 21, 201, B paid KRW 230 million in total in its name or spouse G and children F.

C. B purchased shares of Jin Savings Bank, etc. on six occasions with E’s investment funds, the sales contract of shares, power of attorney, and certificate of stock custody in the name of C, and issued them to E. However, B did not actually purchase shares of Jin Savings Bank, etc. with E’s investment funds.

B on May 17, 2011, the instant real estate, the sole property of which was the Defendant, was donated to the Defendant, and on May 18, 2011, the registration of ownership transfer was completed in the name of the Defendant.

E. Meanwhile, on November 14, 2013, E transferred the claim amounting to KRW 50 million among the above KRW 230 million to the Plaintiff. Around that time, E notified B of the assignment of claim.

F. On October 25, 2003, I commenced the compulsory auction procedure for the instant real estate at H of the court, and I was awarded a successful bid for the instant real estate on October 25, 2003, and the Plaintiff was apportioned KRW 7,427,096 to E’s transferee of bonds on November 29, 203 in the distribution procedure.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 10 (including each number), and the purport of the whole pleadings

2. The plaintiff, by deceiving Eul, was paid KRW 230 million for the purpose of investment, by deceiving Eul, and the plaintiff was above Eul.

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