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(영문) 대전지방법원공주지원 2020.08.20 2018가단22441
사해행위취소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be the part resulting from the participation.

Reasons

1. Basic facts

A. The supplementary intervenor and the supplementary intervenor, etc. (hereinafter “the supplementary intervenor”) were the couple’s family members, the supplementary intervenor owned each real estate listed in the separate sheet 1 and 3, and the supplementary intervenor owned each real estate listed in the separate sheet 2, and the supplementary intervenor operated the gas station in each real estate listed in the separate sheet 1 and 2. (2) The defendant C is the person who is the supplementary intervenor.

B. On September 10, 2016, the Plaintiff, the Intervenor, and the Intervenor E, and the Intervenor E have made monetary transactions from around 2010. (2) On September 10, 2016, the Intervenor and E promised to borrow KRW 60,000 and repay by February 28, 2017 to the Plaintiff.

3) On August 17, 2017, the Plaintiff and the Intervenor borrowed 56,00,000 from the Plaintiff on September 10, 2016 with respect to the above loan certificate, and the Plaintiff and the Intervenor shall pay 10,000,000 won as of the end of each year from August 31, 2019 to December 31, 2023, the notarial deed stating that “The Intervenor shall lose the benefit of time and immediately repay the remainder of the debt” (hereinafter referred to as “instant notarial deed”).

C. On February 27, 2017, the assistant intervenor B entered into a sales contract with Defendant B by setting the sales amount of KRW 527,700,000 as to each real estate listed in the separate sheet with Defendant B on February 27, 2017, and completed the registration of ownership transfer with Defendant B as receipt No. 1597 on March 2, 2017.

2) On February 27, 2017, E entered into a sales contract with Defendant B on KRW 272,30,000 with respect to each of the real estate listed in the separate sheet No. 2, and completed the registration of ownership transfer with the Daejeon District Court’s Cheongyang Registry No. 1598, Mar. 2, 2017. D. A supplementary intervenor (1) on March 6, 2017, on each of the real estate listed in the separate sheet No. 3 with Defendant C and the supplementary sheet No. 60,000.

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