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(영문) 대전지방법원천안지원 2016.08.31 2015가단104554
사해행위 취소 등
Text

1. Defendant B’s KRW 25,000,000 and KRW 1,00,000 each month from August 10, 2016 to February 10, 2021 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operated a middle restaurant (hereinafter “instant store”) with the trade name of “F” in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon. G is the husband of the Defendant B (Divorce around September 2015), Defendant C’s children, and Defendant D’s male students.

B. On June 5, 2014, the Plaintiff determined the purchase price of the instant store as KRW 230,000,000, including the lease deposit, with respect to G on behalf of Defendant B, and concluded a sales contract to pay KRW 150,000,000, out of the purchase price, the Plaintiff, instead of paying the purchase price, transferred the Plaintiff’s land and I land to a substitute for the instant store, and KRW 80,000,000, the remainder of the purchase price was paid KRW 1,00,000 each month after acquiring the instant store and commencing its business.

(hereinafter “instant sales contract”). C.

On June 3, 2014, Defendant B completed the registration of creation of a neighboring mortgage of the maximum debt amount of 150,000,000 in the Plaintiff’s wife’s name as to the land H and I’s land in Yong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City. On June 5, 2014, Defendant B drafted a sales contract of 150,000,000 purchase price for each of the said land with J on June 5, 2014.

The Plaintiff filed a report on the closure of business on June 12, 2014, and delivered the instant store to Defendant B, and Defendant B completed business registration with the trade name F at the instant store on June 9, 2014 and operated a middle restaurant.

E. On November 4, 2014, Defendant B entered into a donation agreement with Defendant C on the real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant donation agreement”), and completed the registration of ownership transfer under Defendant C’s name as the receipt of the same date as the Daejeon District Court’s astronomical Support Date.

F. On April 27, 2015, Defendant C agreed with Defendant D to set up and set up a maximum debt amount of KRW 90,000,000 with respect to the apartment of this case, the debtor K (Defendant B’s wife), and Defendant D’s creditor’s mortgage (hereinafter “instant mortgage contract”).

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