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(영문) 대구지방법원 2019.11.20 2018나320410
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

On February 25, 2015, the Seogu District Court of the defendant's Republic of Korea (Seoul District Court of the Republic of Korea) for the defendant C.

Reasons

1. Basic facts

A. On October 23, 2008, the Plaintiff’s claim against C, etc. filed an order for payment with the Daegu District Court Branch Branching 2008Guj3465 (40,000,000 won as well as the agreed interest thereon, etc., and issued the payment order on October 27, 2008, and the payment order against C was finalized on November 13, 2008.

On the other hand, on December 21, 2009, the Plaintiff applied for a payment order against C with the same court No. 2009Da4203, 100,000, and its agreed interest payment order against C, and the payment order was issued on December 23, 2009, and the payment order was finalized on January 12, 2010.

B. C’s disposal of property and I’s revocation of fraudulent act 1) C disposed of real estate owned from March 2009 to August 2009 to multiple buyers as indicated in the attached Form. Of these, C’s sales contract concluded with the Defendant was determined as KRW 45,00,000 on August 14, 2009 and disposed of as KRW 45,00 (hereinafter “instant sales contract”).

(2) On August 18, 2009, the Defendant remitted KRW 30,000,000, which is part of the purchase price of KRW 45,000,000, to the account designated by C pursuant to the instant sales contract. On the same day, the Defendant completed the procedure for each registration of ownership transfer under the name of the Defendant as of August 18, 2009, as of the attached Forms 3 and 4’s Sung-gu District Court’s Sung Branch Branch support on August 18, 2009.

(C) On March 2, 2009 to August 2, 2009, I filed a lawsuit against the defendant, etc. seeking revocation of the fraudulent act and restitution of the original status of the attached Forms 1 through 6 real estate disposal act from March 2, 2009 by C (hereinafter “instant transfer registration”), which is a creditor of C, (hereinafter “the instant transfer registration”), and (d) on March 2, 2011, the said court rendered a judgment to order the defendant to cancel the instant sale contract on the ground of the fraudulent act and to implement the procedure for cancellation registration of the ownership transfer registration of this case by restitution.

The above judgment is against the judgment.

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