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(영문) 서울중앙지방법원 2015.04.07 2014가합541605

사해행위취소

Text

1.(a)

Defendant B and D on November 24, 2010 regarding 8/10 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 25, 2008, the Plaintiff purchased forest land E in Incheon, Incheon, for KRW 2550 million from D on March 25, 2008, and paid KRW 76 million to D on March 26, 2008. However, the above sales contract was in an unstable state as to whether it was performed since the initial terms and conditions were not fulfilled, and D divided the above forest land on April 22, 2009 and completed the provisional registration of the transfer of ownership or the right to claim for transfer of ownership against F and Defendant B, a third party on July 30, 2010, respectively. 2) The Plaintiff filed a lawsuit against D for the transfer of ownership or the provisional registration of the right to claim for transfer of ownership with respect to the said divided land.

On December 16, 2011, as D transferred ownership to a third party and the above sales contract was impossible, the above sales contract was rescinded on May 23, 201, the delivery date of a copy of the complaint. Accordingly, D rendered a judgment to the Plaintiff to pay 96,00,000 won with the restitution and compensation for damages arising from the cancellation of the sales contract, and 5% per annum from May 24, 201 to December 16, 201, and 20% per annum from the next day to the date of full payment (hereinafter “instant bonds”).

The above judgment became final and conclusive in January 2012.

B. D on November 24, 2010, the real estate listed in the attached list of D (hereinafter “instant real estate”) was disposed of 1) D with Defendant B under a pre-sale agreement with regard to the instant real estate (hereinafter “instant pre-sale agreement”).

(2) On April 17, 2012, Defendant C completed the registration of the provisional registration of the right to claim ownership transfer on the ground of the said trade reservation. On the same day, Defendant C completed the registration of the partial transfer of 2/10 shares out of the said provisional registration. On the same day, Defendant C entered into a sales contract for 8/10 shares of the said provisional registration and completed the principal registration of the right to claim ownership transfer on the basis of the said provisional registration. (2) Defendant C entered into a sales contract with D on the same day upon receipt of the provisional registration of the said 2/10 shares transfer on April 17, 2012.