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(영문) 대전지방법원 2016.07.13 2015가합106497

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 23, 2011, the Plaintiffs purchased 6,612 square meters of G 25,505 square meters of G 25,505 square meters of G 25,005 square meters in public forests in public cities as KRW 600 million. 2) The said forest was divided into land of ten parcels of land as shown in the separate sheet following procedures, such as change of administrative district name and location change, etc.

(hereinafter referred to as “instant land,” regardless of whether before or after the division.

The provisional registration of E was completed on the same day on July 30, 2012 on the F portion of the land of this case on the basis of the provisional registration of E, and the provisional registration of E was completed on July 2, 2013 on the basis of the above provisional registration.

C. On July 15, 2013, the provisional registration was completed on July 16, 2013 on the share of the principal registration E, based on the Defendant’s provisional registration, based on the trade reservation concluded on July 15, 2013, and on April 21, 2015, the principal registration was completed on April 21, 2015.

The above pre-sale reservation is the provisional registration of this case and the principal registration of this case.

(D) On February 27, 2014, on the part of the Plaintiff’s Plaintiff’s establishment registration of a neighboring mortgage, the establishment registration of a neighboring mortgage of KRW 530,00,000 on the E portion was completed on the part of the Plaintiff’s agent in the name of the Plaintiff’s agent. [Grounds for Recognition] of absence of dispute, each of the statements (including the serial number; hereinafter the same shall apply) in Gap’s evidence 1, 2

- The purport of the whole pleadings

2. The plaintiff's assertion

A. F did not perform the obligation to transfer F/L shares out of the instant land according to the sales contract with the Plaintiffs.

On December 10, 2011, F agreed to pay to the Plaintiffs KRW 630 million including damages for the total sum of KRW 430 million paid by the Plaintiffs to F, including the down payment and intermediate payment paid by the Plaintiffs to F.

B. The provisional registration made on July 30, 2012 by E was made by F in a false manner to protect the said land from the creditors of F, and E is also subject to the provisional registration.