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(영문) 서울동부지방법원 2014.01.10 2013가단49856

사해행위취소

Text

1. As to the Gangdong-gu Seoul Metropolitan Government 89 square meters of a forest:

A. The sales contract between Defendant B and E on February 21, 201 shall be revoked.

Reasons

1. Indication of claim;

A. On May 21, 2009, the Plaintiff drafted a promissory note with a face value of KRW 200 million on the debtor E’s newly constructed construction cost claim for the F building in Gangdong-gu Seoul Metropolitan Government.

B. However, on February 21, 201, E concluded on February 21, 201 with Defendant B, the former husband of the forest land indicated in the order of property other than automobile (G) and completed the registration of ownership transfer on the same day. Defendant B and Defendant C agreed on February 24, 201 and completed the registration of the right to claim ownership transfer on the same day.

C. On February 21, 201, E had a total of KRW 556,00,00 (B 250,000,000,H 60,000,000, I 46,00,000, and Plaintiff 200,000,000) around February 21, 201.

E is a fraudulent act to complete the registration of ownership transfer in the form of a sales contract with Defendant B under the status of excess of debt, and it is presumed that Defendant C’s bad faith, the beneficiary, and the subsequent purchaser, is presumed.

E. Therefore, the cancellation of the sales contract on February 21, 201 between E and Defendant B and the cancellation of the transfer registration under Defendant B’s name, and the cancellation of the transfer registration under Defendant C’s name and the claim for transfer of ownership under Defendant C’s name.

2. Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act): Defendant C: Judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act).