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(영문) 의정부지방법원 고양지원 2017.02.15 2016가합72542
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2013, Defendant B entered into an agreement with D, the Plaintiff’s mother, “one billion won, and the due date shall be December 30, 2018.”

“The”, on September 30, 2012, means a certificate of borrowing that “the amount of KRW 500 million is borrowed as of September 2012, and shall be repaid as of October 2016,” and on December 30, 2012, “the amount of KRW 500 million is borrowed as of December 20, 2012, and shall be repaid as of December 2016.”

“Around December 2012, 2016, two copies of a loan certificate (the above loan certificate and each of the loan certificates “each of the instant loans”) were written and delivered, respectively, to the effect that “a loan certificate and each of the loan certificates are borrowed as of December 2012, 201 and agreed to repay in December 2016.”

B. D (hereinafter “the deceased”) made an agreement on the division of inherited property on August 18, 2015 with the purport that “The deceased’s heir, E, F, G, and the Plaintiff, “The deceased’s claim KRW 1 billion against Defendant B, shall be solely owned by the Plaintiff,” on April 1, 2016.

C. On the other hand, on April 11, 2016, Defendant B completed the registration of ownership transfer on the apartment building Nos. 127 and 1501 (hereinafter “instant apartment building”) with Ansan-si member H 127 Dong-gu, Ansan-si (hereinafter “instant apartment”) on April 6, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. The claimant against the defendant B lent KRW 1 billion to the defendant B, and the plaintiff succeeded to the plaintiff's loan claims against the defendant B, and the defendant B is obligated to repay the loan amount of KRW 1 billion to the plaintiff.

B. Defendant C had the obligation to loan KRW 1 billion to the Plaintiff and received the instant apartment from Defendant B to the Plaintiff, who is the creditor of Defendant B. The instant apartment sales contract between the Defendants should be revoked by fraudulent act, and Defendant C has the obligation to implement the procedure for cancellation of ownership transfer registration with respect to the said apartment by restitution to its original state.

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