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(영문) 서울남부지방법원 2015.09.22 2013가단212862

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On January 6, 2005, the Plaintiff and C (the previous name before the alteration: E) purchased each ownership transfer registration on the ground of “the sale on March 30, 2006” under the Plaintiff’s sole name on April 7, 2006, each of the above three parcels of land was completed on July 13, 2006, under the name of the National Bank of Korea (the debtor, the maximum debt amount, 50 million won), and 33,818 square meters in I forest land (hereinafter collectively referred to as the “instant land”). The registration of ownership transfer was completed on July 13, 2006, under the name of the National Bank of Korea (the debtor, the Plaintiff, the maximum debt amount, 50 million won).

B. On June 15, 2012, J land Plaintiff and C completed the registration of ownership transfer with 1/2 shares of JJJ on each of 562 square meters of land in Pakistan-si, Pakistan-si, and thereafter sold at a voluntary auction procedure around January 2015.

C. On December 8, 2001, K land (1) was 4,843 square meters of L land at the time of the initial sale, including the three parcels, which were 2,701 square meters of L factory site, 2,701 square meters of M road, 69 square meters of N forest land, 2,073 square meters of N forest land (hereinafter “instant K land”). However, on January 16, 2012, the land category was changed along with three parcels, including L land land 2,701 square meters, M road 69 square meters of land, 2,073 square meters of N forest, etc.

Among them, each of 2,490.5/4,981 shares was completed on November 12, 2001.

(2) On June 24, 2003, the Plaintiff purchased each share of KRW 2,490.5/4,981 from P in the name of his wife and purchased each share of KRW 17,320,00,000 from the instant K in the name of his wife, and completed each registration of ownership transfer on August 26, 2003 in the name of C, thereby becoming the sole name of C.

(3) On May 21, 2012, the Plaintiff and C agreed to jointly invest and develop the instant K’s land, including civil engineering works and new construction of a factory, and to distribute the resale marginal profit, and newly construct a factory. The Plaintiff and C’s five single-story factories on the ground of L, as of the strike on May 21, 2012, respectively.