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(영문) 인천지방법원 2015.01.16 2014가단22887

사해행위취소등

Text

1. As to real estate listed in Schedule 1:

A. A sales contract concluded on October 5, 2010 between F and Defendant E is concluded.

Reasons

1. Basic facts

A. (1) Around June 2012, the Plaintiff received KRW 604,000,000, and KRW 100,000,00,000, and G and H notified F of the transfer of the said claim to F with respect to the new construction of each real estate, etc. listed in the separate sheet (hereinafter “each of the instant real estate, etc.”). Around June 2012, G and H were transferred to F with respect to the construction of each real estate, etc. listed in the separate sheet.

(2) On May 28, 2013, the Plaintiff filed a lawsuit claiming transfer money against F with the Incheon District Court 2012Gahap17963, and paid F to the Plaintiff KRW 704,000,000 (= KRW 604,000,000) on May 28, 2013, and the said judgment became final and conclusive on June 13, 2013.

B. On March 8, 2010, F entered into a sales contract with EPS Domination (hereinafter “ EPS Domination”) on the sales price of each of the instant real estate owned by EPS Domination (hereinafter “EF”) and its owner to sell KRW 1,199,200,000, and completed the registration of ownership transfer on March 25, 2010.

(2) The F’s creditor S&C Co., Ltd. (hereinafter “S&C”) was rendered a favorable judgment against E&C’s creditor on August 24, 2010 that “F will perform the procedure for registration of cancellation of ownership transfer registration completed under No. 835, Mar. 25, 2010, as to each of the instant real property, etc. on the part of E&C between E.S. and E.I.D.” The judgment became final and conclusive on September 18, 2010, on August 24, 2010.

(3) On October 8, 2010, H&C completed the registration of transfer of ownership in the future of E&C due to the above final judgment on behalf of F on October 8, 2010.

(c)F;