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(영문) 대구지방법원 2017.01.13 2016가합202477
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff did not make a total of KRW 305,673,440 268,605,8405,840 37,667,600 value-added tax on March 11, 2015 (transfer of April 18, 2014) and KRW 305,473,270,2709,203,310,310,269,269,960 global income tax on August 3, 2015, and the Plaintiff did not make a total of KRW 305,00,000,000 as global income tax on KRW 31,613,250,50,50,000,000 as global income tax on KRW 31,305,015,20,000,013,031,0631,014, 2014, 2014.

B. A real estate sales contract B between B and the Defendant on January 2, 2015, between the Defendant and the Defendant: (a) sold KRW 365 million to the Defendant each real estate indicated on the attached real estate (hereinafter “each of the instant real estate”) as indicated on the attached real estate (hereinafter referred to as “each of the instant real estate” and individually giving an order to assign it); (b) KRW 138 million to Gyeongsan Agricultural Cooperative (hereinafter “Gyeongsan Agricultural Cooperative”) and KRW 13 million to Da, out of the secured debt of the right to collateral security established on the first real estate, were repaid to the Defendant on February 2, 2015; and (c) KRW 24 million to Da and KRW 100 million to E, the Defendant entered into a sales contract with the Defendant to acquire the said obligation (hereinafter “instant sales contract”); and (d) completed the registration of ownership transfer on February 2, 2015.

C. On November 2, 2012, 201, the date of setting the maximum debt amount for the debtor with priority in the registration of real estate No. 1, 1,30,000, Busan Agricultural Cooperatives B 1,30,000, Busan 39,000,000 on November 2, 201, No. 34,00,000, Busan 34,000,000 on December 4, 201, 201, No. 34,00,000 on July 4, 2012, 200 D24,00,000,000 on September 6, 2014, as follows:

At the time of the instant sales contract, the indication value of the property B’s financial status at the time of the instant sales contract shall be the equivalent value (cost) of the first real estate 298,521,600, August 28, 2015.

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