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(영문) 대전지방법원천안지원 2017.05.16 2016가단107604
사해행위취소
Text

1. The sales contract concluded on March 18, 2016 between the Defendant and C with respect to the real estate listed in the separate sheet is KRW 191,113,961.

Reasons

1. Basic facts

A. Plaintiff’s claim 1) On April 30, 2005, the Plaintiff did not receive a refund of KRW 385,000,000 for the deposit for the lease of a restaurant in E Hospital, which was paid to D on April 30, 2005, the Plaintiff agreed to pay the Plaintiff the deposit amount of KRW 385,00,00 to C and F on April 23, 2006. (2) The Plaintiff filed a lawsuit against C and F on the claim for the agreed amount of KRW 2015,1061,00,000,000,000,000 from June 30, 2016, and on November 26, 2005, the said lawsuit was pending, “C and F jointly and severally, to the Plaintiff, KRW 13,100,000,000,000,000,000,000 to the Plaintiff.”

B. C’s act of disposing of property shall be sold at KRW 1,068,00,00 each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) between the Defendant and his children on March 18, 2016, and KRW 210,520,000 shall be offset against the Defendant’s borrowed money, and the intermediate payment of KRW 787,00,000 shall be offset against the Defendant’s borrowed money; KRW 787,00,000 shall be 487,00,000 loans of the National Credit Union of the Boan National Credit Union (hereinafter “Yanan National Credit Union”); and KRW 220,00,000,000 and KRW 80,000,000,000 shall be substituted for the remainder of each of the instant real estate deposited by the Defendant; and KRW 787,000,000,000,000,000 each of the instant real estate deposited shall be redeemed.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including the case with a serial number; hereinafter the same shall apply) and the whole pleadings.

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