beta
(영문) 춘천지방법원 속초지원 2007.8.10.선고 2004즈합6 판결

가처분이의

Cases

204For a provisional disposition of business partnership6

Creditors

7*********************)*

*** Si* Dong** apartment*****

Attorney Lee*

The debtor

3*********************)*

***** Dong******************

Conclusion of Pleadings

July 6, 2007

Imposition of Judgment

August 10, 2007

Text

1. At the time of this case between the creditor and the debtor, this Court Order 2004 business group 9 against the provisional injunction against the disposal of real estate, this Court Order as to the provisional injunction against the disposal of real estate on February 25, 2004, which was issued by this Court. 2. The costs of the lawsuit are borne by the debtor.

Purport of application

Creditors: as set forth in the Disposition.

The debtor: Revocation of the provisional disposition order as stated in Paragraph (1) and the judgment dismissing the creditor's provisional disposition

Reasons

1. Existence of the provisional disposition;

The creditor filed a provisional injunction against disposal of real estate listed in the separate sheet (hereinafter referred to as the "Undongsan of this case") with this Court 2004 business group9, with the right to claim the cancellation of ownership transfer registration due to the revocation of fraudulent act against the debtor as the preserved right, and this court accepted it and accepted it on February 25, 2004, and made a provisional injunction as stated in the provisional injunction on February 25, 2004 (hereinafter referred to as the "provisional injunction of this case").

A. The following facts are recognized in full view of each of the descriptions and the overall purport of the arguments and arguments of the evidence Nos. 13-1, 2, 15, 17, and 17 of the wallet Nos. 13-2.

(1) The creditor and the successor** was a legally married couple who completed the marriage report on November 1, 1990. The creditor paid the amount calculated by applying the rate of 5% per annum from April 8, 2004 to November 18, 2005. The creditor paid 40 million won per annum from the next day to the date of full payment, and paid 20 million won per annum from the next day to the date of full payment of the above judgment to the date of full payment of 5% per annum from the date of the above judgment. The creditor paid 20 million won as property division and 5% per annum from the next day to the date of full payment of the property division registration procedure with respect to the real property in this case.

(2) The appellate court's appeal was filed on July 26, 2006 in the case of divorce, etc. (Seoul High Court 2005Reu1834, the appellate court's appellate court's judgment * 5% per annum from April 8, 2004 to July 26, 2006, and 20% per annum from the next day to the full payment date. The creditor paid 40 million won as division of property and 5% per annum from the next day to the full payment date of the above judgment. The appellate court's judgment was finalized that the above appellate court's judgment 2006Meu1921 as to the real property, etc. was affirmed, but the above appellate court's judgment became final and conclusive on June 26, 2006.

(3) ** The creditor filed a lawsuit seeking the cancellation of the above sales contract and the cancellation of the transfer of ownership (this Court Decision 2004Da1198) against the debtor on the ground that the above sales contract constitutes fraudulent act. The creditor filed a lawsuit seeking the cancellation of the above sales contract and the cancellation of the transfer of ownership (this Court Decision 2004Da1198) on December 6, 2006, which was sentenced to a full winning judgment of the creditor on January 27, 2006 (No. 2007Na108 against the debtor), which became final and conclusive on July 10, 2007 after the closure of the argument of this case, although the creditor appealed District Court rendered an appeal as to this case's 2007Na108, which became final and conclusive on July 10, 2007).

B. According to the above facts, it is evident that the above sales contract between the creditor and the debtor took place without any specific property immediately before the creditor institutes a lawsuit, such as divorce, etc. * The above sales contract between the creditor and the debtor is made to avoid the creditor's obligation to pay consolation money ** in the future against the creditor * the creditor's right to revoke the transfer of ownership based on the creditor's right to revoke the right to revoke the transfer of ownership, which is completed in the future

In this case, the provisional disposition of this case is deemed to exist as the preserved right.

3. Conclusion

Thus, the provisional disposition of this case is authorized because there is the right to preserve and the necessity of preservation is also recognized.

Judges

Exemplary (Presiding Judge)

Hephoho Lake

Kim Ik-hwan

Site of separate sheet

The presiding judge

1.** Si** Dong****** big***

2. Two-story housing and neighborhood living facilities of the above ground reinforced concrete structure;

42.26 square meters per floor

2 43.61 square meters per 2 stories

The ground of 39.71m square meters