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(영문) 인천지방법원부천지원 2014.08.27 2013가단34978
사해행위취소
Text

1.(a)

As of each real estate listed in the separate sheet No. 1 list between H and Defendant G, the date of September 9, 2010, respectively.

Reasons

1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1 through 15 (including branch numbers, hereinafter the same shall apply) and Eul evidence Nos. 4 and the purport of the whole pleadings:

H During the process of performing I’s duties as a Grade-7 public official in the Yacheon-gun Civil Petitions Division in the Yacheon-gun Civil Petitions Division in the Yacheon-do, H deceiving-do, deceiving the Plaintiffs to the effect that “In spite of the absence of the intent or ability to receive the river site owned by the Yacheon-gun from October 2008 to September 201, the river site owned by the Yacheon-gun will be transferred to the four major rivers development,” and received each amount listed in the list of damages in the attached Form under the pretext of the purchase price for public land from the Plaintiffs.

B. On March 7, 2013, the Daegu District Court sentenced 8 years of imprisonment with prison labor, recognizing the criminal facts that “H, even if she received money from 18 victims, including the Plaintiffs, did not have the intent or ability to receive the river site owned by Bocheon-gun, but was delivered or remitted KRW 4.6982 million in total on 55 occasions under the pretext of public land payment, etc.” and the said judgment was dismissed in the Daegu High Court case No. 2013No147, Jun. 28, 2013, and became final and conclusive as it was.

C. Meanwhile, the Plaintiffs filed a lawsuit against H et al. seeking compensation for damages with the Seoul Eastern District Court 2012Gahap18180, and the above court rendered February 18, 2014, “Defendant H shall pay to the Plaintiff A KRW 255,00,000, KRW 347,000 to the Plaintiff B, KRW 18,000 to the Plaintiff C, KRW 50,000 to the Plaintiff D, and KRW 50,000 to the Plaintiff, KRW 5% per annum from December 20 to February 18, 2014; and KRW 20% per annum from the following day to the date of full payment. The judgment of the appellate court was dismissed, and each of the above cases was dismissed.

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