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(영문) 서울북부지방법원 2015.01.13 2013가단106656

사해행위취소

Text

1. As to the building of the whole part of the real estate listed in the separate sheet:

A. On November 25, 2010 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, upon request of F on April 7, 2008, with respect to the building of the section for exclusive use among the real estate listed in the separate sheet (hereinafter “instant No. 204”), E, G, H, I, J, K, L, M, N,O, P, Q, R, S, et al.

(i) the registration of ownership preservation in the name (the share ratio was 1/14 each).

C. B, etc. on December 9, 2010, each co-ownership share of the building of the instant section for exclusive use by E, etc. was transferred on the ground of payment agreement as of December 2, 2005 and completed the registration of ownership transfer under its own name. After that, in excess of the debt on December 9, 2010, “the instant sales agreement” is “the sales agreement as of November 25, 2010 for loans to the Defendant, his father, under the status of excess of debt on December 9, 2010.”

The registration of ownership transfer concerning the building of section of exclusive ownership No. 204 was completed on the ground of this case.

The defendant is "J, etc." on August 5, 201, J, I, G,O, Q, R, P, and K et al.

From this point of view, the site in this case is the site site in this case, which is a sum of 81.878/3 of the 1500 square meters in Seoul Central District, D, 779.8 square meters, which is the site in this case.

B. A transferred on the ground of an accord and satisfaction agreement on July 20, 201 and completed a site ownership registration on August 5, 201 relating to the instant subparagraph 204.

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

hereinafter referred to as "the taxation claim of this case"

(i) [The facts without dispute over the basis of recognition, entry of Gap 1 through 8, 12 through 16, and the purport of the whole pleadings;

2. Determination as to the establishment of fraudulent act and the scope of restitution

A. The instant case.