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(영문) 의정부지방법원 2016.06.03 2015나58076
사해행위취소
Text

1. The defendants' appeals against the plaintiff succeeding intervenor are all dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. Facts of recognition;

A. On February 14, 2008, 200 95,00,000 won was leased to E Co., Ltd. (hereinafter “E”) at the interest rate of 18% per annum, the lending period of 48 months, the delay damages rate of 29%, and the terms of the equal installment repayment of the principal and interest on repayment method, and C jointly and severally guaranteed the above lending debt of E on the same day (hereinafter “instant lending debt”).

B. On December 27, 2013, 2013, Lee Han-man Capital transferred the instant loan claim to the Plaintiff (hereinafter “Plaintiff”) and notified the transfer of the claim to E.

After that, on December 12, 2014, the Plaintiff’s succeeding intervenor acquired the instant loan claim from the Plaintiff, and notified the transfer of the claim to E.

C. Meanwhile, on November 2, 2009, C sold 1/4 shares (hereinafter “instant real estate sales contract”) out of 33,834 square meters of land D, the only property of which the auditor of H (hereinafter “H”) was the representative director, to Defendant A (hereinafter “the instant real estate sales contract”). As to the instant real estate as to Defendant A’s receipt on November 12, 2009, the Jung-gu District District Court’s 17268 registry office of the Republic of Korea was as of November 2, 2009 (hereinafter “the instant first transfer registration”) and completed the ownership transfer registration based on the sale as of November 2, 2009 (hereinafter “the instant first transfer registration”). At the time of November 2, 2009, C had concluded the instant sales contract.

In addition, on November 16, 2012, Defendant A completed the registration of ownership transfer on the ground of sale as of October 2, 2012 (hereinafter “instant registration of transfer”) to Defendant B, an infant of C, on the instant real estate on November 16, 2012.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 7, 9 through 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. C according to the fact that the existence of the preserved claim 1 is recognized as the claim of the 1st non-Korean Capital, C in this case.

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