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(영문) 서울서부지방법원 2017.02.03 2016나34735
사해행위취소
Text

1. Each appeal filed by the Defendants against the Plaintiff is dismissed.

2. The costs of appeal are assessed against the Defendants.

purport, purport, and.

Reasons

1. Basic facts

A. On December 7, 2004, the Plaintiff loaned KRW 40,000,00 to D as of December 7, 201, the date when the loan was completed, and as of December 7, 201, the Plaintiff filed a lawsuit against D seeking a loan as Seoul Central District Court Decision 2012Da175007.

On November 23, 2012, the above court sentenced that "D shall pay to the Plaintiff 44,164,080 won and 40,000,000 won with interest rate of 18% per annum from June 28, 2012 to the date of full payment." The above judgment became final and conclusive around that time.

B. A divorce D between D and Defendant A and Defendant A had two children as a legally married couple who completed a marriage report on August 26, 2003, respectively. On July 21, 2011, the Daejeon District Court’s Family Support, where two children were jointly raised by parents, and the child support was confirmed by the intention of divorce, and filed a divorce report on the same day.

C. The acquisition and disposal of the apartment of this case 1) D, Defendant A, on February 22, 2005, shall be the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On May 19, 201, D acquired each of the 1/2 shares of the instant real estate owned by Defendant A (hereinafter “instant gift agreement”) and completed the registration of ownership transfer on the 23th day of the same month. Defendant A acquired 270,000,000 won of the secured debt of the right to collateral security, which was set up as KRW 324,000,000, with respect to the instant real estate, and repaid all of them on August 2, 2012.

3 Defendant B and C are leakages of D, which are the same year with respect to the instant real estate on July 3, 2013.

7. 19. Defendant B completed each registration of ownership transfer with respect to Defendant B’s 8/10 shares, and Defendant C’s 2/10 shares, and the same year.

8.7. The establishment registration of a mortgage on the basis of a maximum debt amount of 240,000,000 in the bank of Korea.

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