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(영문) 서울중앙지방법원 2014.08.29 2013가단5146698
사해행위취소
Text

1. As to the real estate listed in the Schedule No. 1:

A. Nonparty C and Defendant A were concluded on November 23, 2012.

Reasons

1. Basic facts

A. Under Article 90 of the Medical Service Act, a medical person is employed by a person who is not eligible to establish a medical institution and is prohibited from providing medical services, and C was employed by D who is not eligible to establish a medical institution and provided medical services at the F Hospital located in Daegu-gun E building 6 and 7 from November 3, 201 to July 6, 201.

B. As to the medical institution violating the Medical Service Act, the Plaintiff suffered from the damages that the Plaintiff paid to F Hospital KRW 41,8260,000 for the above period even though it was not necessary to pay the medical care benefit cost. However, C, a joint tortfeasor, is liable to compensate the Plaintiff for the damages or return unjust enrichment.

C. On June 19, 2012, the Plaintiff notified C of the scheduled recovery of medical care benefit costs, and the same year.

8.6. Notice of Recovery Decision

C completed the registration of ownership transfer with respect to the real estate stated in the attached Tables 1 and 2 on November 23, 2012 by reason of the trust contract on November 26, 2012. As to the real estate listed in the attached Schedules 3, Defendant B completed the registration of ownership transfer on December 12, 2012, and completed the registration of ownership transfer on February 26, 2013 by reason of the sales contract dated February 1, 2013.

[Reasons for Recognition] Entry of Evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

A. In the case of a private trust as to the claim against Defendant A, there is no particular problem since the subsequent purchaser's bad faith is not required for the trust as to whether the claim against the Defendant A is insolvent, but the Defendant alleged to the effect that there is no evidence as to excess of the obligation of the Plaintiff, so it is based on the fact-finding. As such, the fact-finding is as follows. According to the evidence No. 7 and the fact-finding inquiry report to the Ministry of Land, Infrastructure and Transport, the real estate owned by C at the time of transferring each of the real estate listed in the separate sheet to the Defendants at the time of transferring it to the Defendants is G, G, 28,959 square meters and Gyeongbuk-do.

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