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(영문) 수원지방법원평택지원 2020.08.12 2019가단64998
사해행위취소
Text

1. A real estate sales contract concluded on January 23, 2018 between the Defendant and C on real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On October 28, 2015, the Plaintiff filed a lawsuit against D with the Seoul Eastern District Court 2015da34285, and rendered a judgment on October 28, 2015, “D shall pay the Plaintiff 140 million won with 18% per annum from July 30, 2013 to September 18, 2015; 20% per annum from the following day to September 30, 2015; 15% per annum from the next day to the day of full payment; 12% per annum from August 10, 2013 to September 18, 2015 to the day of full payment; and 15% per annum from the next day to September 30, 2015 to the day of full payment; and 20% per annum from the next day to September 15, 2015 to the day of full payment.”

B. C and D filed a lawsuit claiming divorce, consolation money, and division of property (hereinafter “related family case”) with the Daejeon Family Court Branch 2014da50831 (principal lawsuit), 2016da11304 (Counterclaim). On October 24, 2017, the above court rendered a judgment that “C shall pay D 20 million won as division of property, and 5% interest per annum from the day immediately following the date this judgment becomes final and conclusive to the day of full payment,” and that “C and D shall pay D 20 million won as division of property, and 5% interest per annum from the day after this judgment becomes final and conclusive to the day of full payment.” As C and D appeals all of the above judgment against the first instance court, the Daejeon Family Court, the appellate court, changed the above judgment to 15% interest from June 21, 2018 to the day of full payment, 2017Reu159 (principal lawsuit), 2017da116 (Counter 15757).28).

C. The Plaintiff filed an application for a seizure and collection order with respect to monetary claims under the judgment against D based on the foregoing judgment amounting to KRW 2016 other bond 41467, which was rendered against D, among the judgment related to D’s domestic affairs related to D, and the above court decided on June 23, 2016 that the seizure and collection order was issued on June 23, 2016. The above judgment was rendered on the same date.

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