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(영문) 서울북부지방법원 2015.09.18 2015나30709

사해행위취소

Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

With respect to real property listed in the list:

A. B between the Defendant and B

Reasons

1. The 19 residents, such as E, who had resided in Seoul Jung-gu C and D ground multi-households, agreed to remove the above multi-households and build multi-households and apartments on the ground (hereinafter “instant construction”) and subcontract the construction of multi-households and apartments on the ground. In lieu of the payment of the construction cost, 11 households among multi-households and two households among apartments (201 and 204) among the multi-households that will be newly constructed in lieu of the payment of the construction cost.

B. On April 7, 2008, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer in the name of E, G, H, I, J, K, L, M, M, N, P, P, Q, R, R, and S (hereinafter “E, etc.”) was completed by entrustment following the application of F for provisional disposition on April 7, 2008 (hereinafter “instant real estate”). (C) On December 9, 2010, B completed the registration of ownership transfer in the instant real estate for which the registration of ownership was not yet made on December 2, 2005, for the reason of “the payment agreement on the site” and on the same day, on November 25, 2010 (hereinafter “the instant sales contract”), the ownership transfer of the instant real estate was completed under the name of the Defendant, who is a dependent, as an accord and satisfaction, on the grounds of the sale agreement (hereinafter “the instant real estate”).

After that, on August 5, 2011, with respect to the share of 81.878/150, in aggregate among the share of 779.8 square meters in Seoul, the land site of the instant real estate, from J, I, G,O, Q, Q, R, N, P, and K (hereinafter “J, etc.”) on August 5, 201, a share transfer registration for the instant real estate was completed on July 20, 201, due to a payment agreement made in lieu of payment on behalf of the Defendant on July 20, 201, and the ownership registration for the instant real estate was completed on the same day.

E. B, as of April 2, 2013, the Plaintiff as of April 2, 2013 is delinquent in national taxes as follows:

(f) On the other hand, B and B are above the tax claims.

B as to the party B of the subcontract described in this subsection.