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(영문) 대전지방법원 2016.09.22 2015나11920
인수채무금지급 및 사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B shall pay to the Plaintiff KRW 15,000,000 and KRW 12,00,000 among them.

Reasons

Basic Facts

D owned each real estate listed in the separate sheet Nos. 1 through 3 (hereinafter referred to as “E land”), “F land,” “G land,” and the real estate listed in the separate sheet No. 4 (hereinafter referred to as “instant building”) and the real estate listed in the separate sheet No. 4 (hereinafter referred to as “instant building”).

On March 9, 192, the Plaintiff leased the lease deposit amount of KRW 3,000,000 without rent by setting the lease term of KRW 10.879 square meters from March 9, 1992 to 36 months from March 9, 1992.

In addition, on March 5, 2008, the Plaintiff leased KRW 12,000,000 to D with interest rate of KRW 3% per month, and on May 6, 2008 (hereinafter “instant loan”), and completed the provisional attachment registration as to the land and the instant building by obtaining a decision of provisional attachment ( Daejeon District Court 2008Kadan10315) with claims for the instant loan claims as the claims for a provisional attachment (Seoul District Court 2008Kadan10315).

D The deceased on March 10, 2009, and his inheritors were not in the status of heir due to the combination between D and D around 2000.

The Daejeon District Court of Daejeon District on July 29, 201 completed the registration of ownership transfer on the land E and the building of this case as of March 10, 2009 by the Daejeon District Court No. 47639, which was received on July 29, 201.

On the other hand, Defendant B completed the registration of ownership transfer on January 16, 2009 for F and G land on January 16, 2009 due to a compulsory auction on January 2, 2009.

On July 201, 201, H determined the purchase price as KRW 20,000 on the condition that the above Defendant took over both the obligation to return the lease deposit and the instant loan and the obligation to return the lease deposit to J, which is the lessee of the first floor of the instant building, between Defendant B and Defendant B, and sold the land E and the instant building to the said Defendant.

(hereinafter “instant purchase and sale”). Defendant B, on August 10, 201, received on August 10, 201 from Daejeon District Court Daejeon District Court, Daejeon District Court No. 50212, and on land and building of this case, July 201.

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