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(영문) 서울남부지방법원 2014.11.27 2014가합102297 (1)

사해행위취소

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

We examine the defendants' main defense of safety.

The Plaintiff asserts that a sales contract concluded on May 22, 2012 with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between B hotel & T (hereinafter “B hotel”) and a non-physical comprehensive construction (hereinafter “non-physical-type construction”) was a fraudulent act detrimental to the non-physical-type creditor. As to each of the instant real estate, the Plaintiff sought for the cancellation of the said sales contract and the subsequent restitution of the ownership registration or the cancellation of the establishment registration under the name of the Defendants, which was completed with respect to each of the instant real estate, again from the hub hotel hotel that completed the registration of ownership transfer or the establishment registration of the neighboring mortgage.

A lawsuit for revocation of a fraudulent act shall be filed within one year from the date the creditor becomes aware of the cause for revocation (see Article 406(2) of the Civil Act), and comprehensively taking account of the respective descriptions in subparagraphs 5 and 6, and subparagraph 7, and the purport of the entire pleadings, the non-physical case completed the registration of transfer based on the "sale on May 22, 2012" with respect to each of the instant real estate at the B hotel on May 22, 2012, and the B hotel completed the registration of transfer based on the "Sale on May 22, 2012" with respect to each of the instant real estate at the National Bank of Korea on the same date; the registration of transfer based on "Contract on May 22, 2012; the registration of transfer based on the "Trust on May 21, 2012; the Plaintiff completed the registration of transfer with respect to each of the instant real estate at issue with the Jeju District Court on October 21, 2012.