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(영문) 춘천지방법원 2015.10.06 2014가단33096

사해행위취소

Text

1. The plaintiff's primary and primary claims are all dismissed;

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

Reasons

1. Basic facts

A. On September 4, 2008, the Plaintiff filed an order to pay guaranteed debts with the Chuncheon District Court 2008Guj1599 against B and C, and received a payment order from the above court that “B and C jointly pay KRW 500 million to the Plaintiff and its delayed payment damages.” The above payment order was finalized on September 23, 2008.

B. Meanwhile, on November 27, 2013, D filed a lawsuit against B seeking payment of the agreed amount with the Chuncheon District Court 2012Gahap1610, and D was sentenced by the above court on June 14, 2004 that “B shall pay D KRW 231,266,789 upon receipt of the procedure for ownership transfer registration on each of the real estate listed in the separate sheet from D on June 14, 2004,” and the above judgment became final and conclusive around that time.

(hereinafter referred to as “instant contract amount”) C.

B, on December 2, 2013, among the fact that the registration of ownership transfer concerning each of the instant real estate was not completed in accordance with the instant contract deposit judgment, the Defendant, one of his children, entered into a sales contract with D, setting the sales amount to be paid to D in accordance with the instant contract deposit judgment as KRW 231,266,789 (hereinafter “instant sales contract”).

B deposited KRW 231,266,789 to D in accordance with the instant contract deposit ruling on December 4, 2013, and the said deposit was created by the Defendant according to the said contract.

E. B intended to complete the registration of ownership transfer on each of the instant real estate, but at the same time, filed an application for the registration of ownership transfer on each of the instant real estate listed in the separate sheet Nos. 1 through 8, which is land on December 26, 2013, and filed an application for the registration of ownership transfer on the grounds of a transfer agreement on June 14, 2004, and at the same time, purchased and sold each of the instant real estate on December 4, 2013 in the future with the Defendant.