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(영문) 의정부지방법원고양지원 2017.06.22 2015가단19677

사해행위취소 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. B is “The First Agreement to pay KRW 200 million to C and D in return for the succession to the right to engage in development activities, farmland conversion, and building approval on the E-Japan land from C and D (hereinafter “stock company” in its name) on September 27, 2013.”

(2) B) On December 26, 2014, C and D entered into an agreement on the transfer of claim amounting to KRW 200 million with the Plaintiff on the succession of the above right, and notified B of the said transfer by content-certified mail. B entered into a contract on the sale of real estate on December 31, 2014, as indicated in the separate sheet No. 1,2,3, and4 on March 13, 2015, and entered a contract on the sale of real estate in the separate sheet No. 2,3 in the separate sheet No. 1,203, and3 on March 13, 2015, and entered the provisional registration on the transfer of ownership pursuant to the above pre-sale on March 16, 2015, and completed the registration of ownership transfer pursuant to the above sales contract on March 16, 2015, and included the purport of the agreement on the transfer of ownership in the entire list No. 2145, May 26, 2015.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff has a claim for KRW 200 million with respect to B.

However, the above pre-contract and the sales contract between B and the Defendants are invalid by a false declaration of conspiracy, and as B was insolvent at the time, it is a fraudulent act detrimental to the general creditors of B.

Therefore, the above pre-sale agreement and the sales contract should be revoked, and provisional registration and transfer registration of ownership should be cancelled in the name of the defendants.

B. According to the evidence Nos. 2 and 34 of the judgment Nos. 2 and 34, B, C, D, F, etc., following the first agreement, B, October 18, 2013, respectively.