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(영문) 청주지방법원 2015.11.26 2015가단105094

사해행위취소

Text

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

(a) B B signed on November 11, 2014 between the Defendant and B.

Reasons

1. Basic facts

A. On May 6, 2012, the Future Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as the trustee in bankruptcy of the future Savings Bank on the same day.

B. On December 4, 2009, the future savings bank filed a lawsuit against Nonparty B with the Jeju District Court No. 2009 Ghana47367, and rendered a favorable judgment against the Plaintiff on December 4, 2009 that “B shall pay to the Plaintiff the amount of KRW 3.7 million and the amount at the rate of KRW 30% per annum from February 28, 2003 to the date of full payment.” The judgment became final and conclusive as it is.

C. On November 11, 2014, the Defendant entered into a pre-sale agreement with B on each of the real estate listed in the separate sheet, which is the only property in B, and completed the provisional registration of ownership transfer claim as of November 11, 2014, the registration of Cheongju District Court and the registration of Cheongju District Court on the same day.

(hereinafter referred to as “instant trade reservation” and “the instant provisional registration” D.

On the other hand, B had already been in excess of the obligation at the time of entering into the instant trade reservation, or had been in excess of the obligation by entering into the said contract at least.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. As seen earlier, the instant reservation entered into between B and the Defendant constitutes a fraudulent act that causes damage to the general creditors of B, on the grounds that B had already been in excess of, or was in excess of, the obligation at the time of entering into the instant reservation.

In light of the timing of the reservation to sell and purchase this case and the relationship between B and the defendant, it is presumed that B's intention to commit harm is recognized and the defendant's bad faith as a beneficiary.

B. As to this, the Defendant is far earlier than the time of the instant promise to sell and purchase.