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(영문) 대구지방법원 2016.12.22 2015가합200368
사해행위취소
Text

1. As to the share of 4/10 of each real estate listed in the separate sheet Nos. 1 and 2 between Defendant A and B, April 30, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the price of goods (1) is a corporation that produces and sells construction materials such as windows, etc., and (3) from 2002, the Plaintiff concluded an agency contract with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and supplied construction materials such as floor finishing materials to the Nonparty Co., Ltd., and (2) as the representative director of the Nonparty Co., Ltd., as the Nonparty

(2) The Plaintiff continued to supply goods to Nonparty Company and settled the amount thereof at the end of each month. The Plaintiff’s total amount of the Plaintiff’s attempted money to Nonparty Company 1,086,164,433 won as of February 2014 and 974,843,136 won as of April 2014.

As of October 2014, the transaction of goods was suspended due to the bankruptcy of the non-party company around October 2014. As of the end of October 2014, the plaintiff's attempted claims against the non-party company were 1,442,845,200 won. The plaintiff's attempted claims were recovered in part and not paid yet are 77,974,798.

B. On June 12, 2014, B and Defendant A’s sales contract (1) B completed the registration of transfer of ownership on the ground of sale as of April 30, 2014, with respect to 4/10 of each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant 1 and 2 real estate”).

(2) At the time of the sale and purchase as above, several registrations of establishment of the right to collateral security and right to lease on a deposit basis were completed as listed below on the entire real estate of this case, the market price of which is 2.5 billion won, but the registration of establishment of the right to collateral security and right to lease on a deposit basis was cancelled following the sale and purchase.

On April 8, 2003, the right of receipt date is set up only as a leasehold E 25,000,000 on May 13, 2003, 200, the mortgagee of the right to lease on a deposit basis, the debtor of the lease on a deposit basis, the debtor of the lease on a deposit basis, the land B 593,750,000 in the Daegu Bank of the right to collateral security on a deposit basis, and D 375,00,000,000 in the Daegu Bank of the right to collateral security on April 28, 2003.

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