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(영문) 창원지방법원 2018.11.07 2018가단105722

사해행위취소

Text

1. As to real estate listed in the separate sheet:

(a) a pre-sale entered into on November 24, 2014 between C and the Defendant.

Reasons

1. Basic facts

A. In accordance with the Changwon District Court Decision 2008Gahap1873 decided July 23, 2009 (the above judgment was maintained as legitimate in the Busan High Court Decision 2018Na100 decided September 13, 2018, and became final and conclusive without filing an appeal), the Plaintiff has the following claims against C.

(A) Although the Defendant denies the existence of the above judgment claim, it cannot be accepted as it goes against the purport of the above final judgment). D E CF

B. 1) C is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On November 24, 2014, as to the instant real estate, C completed the registration of transfer of ownership on December 1, 2014 due to the “sale by auction” (hereinafter “the instant provisional registration”) on November 24, 2014, and thereafter C completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) on the ground of a trade reservation on November 24, 2014 in the name of the Defendant, who is an ASEAN, on the instant real estate. < Amended by Presidential Decree No. 25790, Nov. 24, 2014>

C. As of November 24, 2014, at the time of the instant purchase and sale, C’s main active property was almost one of the instant real property. The instant real property was active property in the name of the other C (8 million won for lease to the “2nd floor in Masan City,” as claimed by the Defendant, and even if “356,958,000 square meters for the first block structure of the H building at the time of departure, single-story housing 59.34 square meters” in the name of C, a small property (C’s judgment against the Plaintiff) was considerably more than the annual damages for delay by 20% from February 7, 2014 to November 24, 2014 (=356,958,000,000 won x KRW 356,950,500 x 376,3786,686).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 6, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is based on the facts as seen earlier.