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(영문) 대구지방법원포항지원 2020.10.15 2020가단3473
사해행위취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The trade name before the change of the non-party company is “G Co., Ltd.” and the present trade name is “H”.

The term "foreign company" is referred to as "foreign company, regardless of whether it is before or after the change.

(1) Around April 2016, the non-party company sought payment of construction cost of KRW 264,394,00 and interest delay damages under the construction contract concluded with C, and the judgment was rendered on November 9, 2017 (this Court 2017 Gohap 10508). The appellate court of the instant case ordered C to pay 130,282,283 won to the non-party company and its related interest at a rate of 5% per annum from May 2, 2017 to October 11, 2018, and from October 12, 2018 to October 30, 2018.

(Seoul High Court Decision 2017Na25650 decided October 11, 2018). (B)

1) The conclusion of a contract for division of inherited property and C’s property status 1) On January 13, 2018, E, the spouse of C, died on January 13, 2018, and the inheritor is the Plaintiff F, who is C and C. 2) Plaintiff F and C concluded a contract for division of inherited property on February 19, 2018 and decided to own the real property indicated in the purport of the claim solely by the Defendant. On March 7, 2018, the Defendant completed the registration of ownership transfer on the said real property on January 13, 2018 due to inheritance by agreement division.

3) At the time of the agreement on the division of inherited property, 3/9 shares in the purport of the claim were the sole positive property C. C. The judgment related to the non-party company filed a lawsuit seeking revocation of the termination of the deliberation on April 23, 2020 with the Defendant on August 13, 2020, and the judgment in favor of the Defendant was rendered on August 13, 2020 (this Court Decision 2020Da102400), and the above judgment became final and conclusive around that time. [Grounds] There is no dispute, Gap evidence 1-3 (including the serial number, and the purport of the entire pleadings).

2. On October 21, 2017, the Plaintiff: (a) on December 17, 2004 to October 20, 2017, the Plaintiff determined that the principal and interest that he/she lent to C was KRW 120 million; and (b) on February 19, 2018 between Plaintiff DefendantFC.

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