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(영문) 인천지방법원 2016.01.15 2015가단44617
사해행위취소 등
Text

1.(a)

On December 19, 201, each of the real estates listed in the separate sheet Nos. 1 and 2 between Defendant B and D was concluded respectively.

Reasons

1. Basic facts

A. D, in collaboration with the Plaintiff on September 23, 2009, made an investment agreement with the Plaintiff to receive KRW 100 million from the Plaintiff as security and return KRW 135 million until December 23, 2009, and between the Plaintiff and the Plaintiff on October 27, 2009, to receive investment KRW 50 million as security and return KRW 60 million from the Plaintiff until January 27, 2010.

B. However, the Plaintiff failed to refund the investment amount on the date of the return agreement under the said investment agreement, and filed a lawsuit against D seeking the return of the said investment agreement amounting to KRW 195 million with Seoul Southern District Court 2012Gahap458 and 2012Gahap14174 (combined), and the judgment was finalized on February 7, 2013, that “D shall pay the Plaintiff KRW 195 million with the annual interest of KRW 195 million from January 28, 2010 to December 20, 2011, and the amount calculated at a rate of 20% per annum from the next day to December 20, 2011 (hereinafter “the instant judgment”).

C. On the other hand, D on December 19, 201, with respect to each real estate listed in the separate sheet Nos. 1 and 2 between Defendant B, a child, entered into each gift contract with Defendant C on December 7, 201 with respect to each real estate listed in the separate sheet No. 3 (including each real estate listed in the separate sheet No. 1 and 2) (hereinafter “each of the instant gift contracts”), and as indicated in the order, the ownership transfer registration for each of the instant real estate was made in the future of the Defendants as to each of the instant real estate.

Meanwhile, the Plaintiff’s instant judgment amounting to KRW 351,747,926 on July 7, 2015 (= principal amounting to KRW 18,484,931 ( January 28, 2010)

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