logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.30 2015가단5017442
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on February 27, 2014 between Defendant B and C.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) C as a person in charge of the Plaintiff’s accounting affairs, and as a person in charge of the Plaintiff’s accounting affairs, deposited expenses, etc. to be paid to the Plaintiff’s customer in the Plaintiff’s account book in excess of the actual amount, and transferred the amount so distributed to the customer, and then embezzled the Plaintiff’s money of KRW 311,675,638 in total from September 2009 to June 2014. (2) C embezzled part of the amount of the said embezzled money. (326,230 won in his/her own wage and KRW 14,94,093 in total.) around October 2014, C repaid part of the amount of the said embezzled money to the Plaintiff.

B. The ownership and lease relationship 1) of each real estate listed in the separate sheet (the ownership of the real estate listed in paragraph (2) is a multi-unit house listed in paragraph (1). The ownership registration was completed on February 27, 2014 for the following reasons: (a) the ownership registration was completed on October 26, 2013; (b) the transaction price of the above sales contract was the total of KRW 195,000,000; (c) C and the Defendant were the co-owners, and on February 27, 2014, C concluded a lease agreement that leases each real estate listed in the separate sheet to Defendant B KRW 170,000,000.

Defendant B completed a move-in report with the domicile of each real estate listed in the attached list on the same day, and obtained a fixed date in the above lease contract on September 15, 2014.

3) As to each real estate listed in the separate sheet, the registration of ownership transfer was completed in the name of the Defendant A for the reason of the sale on the same date as the receipt No. 41846, Sept. 22, 2014. Defendant A is the South-North Korean partner of the Seoul Central District Court. C. Around February 27, 2014 and September 22, 2014, there was no specific property other than each real estate listed in the separate sheet for C. [In the absence of dispute over the grounds for recognition, evidence No. 1 through 4, evidence No. 5, evidence No. 1 through 5, evidence No. 5-1, 2, and 6, evidence No. 7-1, 2, and 8, and evidence No. 35, oral pleadings.

arrow