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(영문) 대구고등법원 2016.10.20 2015나23988
사해행위취소
Text

1.The part concerning Defendant B in the judgment of the court of first instance, including a claim modified at the trial, is as follows:

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 9, 12 (if there is no additional number, it includes all of it; hereinafter the same shall apply), Eul evidence Nos. 2, 8, 10, and 11.

On December 18, 2004, the Plaintiff filed a lawsuit claiming settlement amount against D (F before the opening of the name, hereinafter “D”) under the Daegu District Court 2004Gahap16888.

On February 9, 2006, the above court rendered a judgment that "D shall pay to the Plaintiff 115,00,000 won with 20% interest per annum from March 21, 2004 to the date of full payment." D’s appeal (Seoul High Court 2006Na3555) and final appeal (Supreme Court 2007Da6630). However, the dismissal of appeal ( August 30, 2007) and the dismissal of final appeal ( November 29, 2007) were each sentenced, and the above judgment became final and conclusive as it is.

The Plaintiff’s claim based on the above final judgment against D (hereinafter “claim of this case”) is in accordance with the settlement agreement between the Plaintiff and D around February 1995, and the developments leading up to such settlement agreement are as follows.

1) The Plaintiff had a loan claim against D. In around 1991, the Plaintiff and D entered into an agreement on around 191 that “The Plaintiff shall purchase the instant land from the Plaintiff, D, and K in lots on April 1, 1993, and on April 1, 199, the Plaintiff completed the registration of transfer of the ownership of the instant land from the Plaintiff, D, and K-type multi-household 4 households with a 50-type multi-household 359m2 above (hereinafter “instant building”). Of the sale price to be paid by the Plaintiff, part of the sale price shall be substituted by the said loan claim. The name of the ownership transfer and the building permit for the instant building shall be the joint name of the Plaintiff, D, and K.” At that time, D purchased the instant land from April 1, 1993, and completed the registration of transfer to the Plaintiff, D, and K-type 2.

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