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(영문) 서울고등법원 2015.05.13 2014나2018672

사해행위취소

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1. The part against Defendant F in the judgment of the first instance is revoked, and the plaintiffs' claims corresponding to the revoked part are all filed.

Reasons

1. The court's explanation on this part of the basic facts is that "the sales contract" of Section 5 is "the sales contract" of Section 2 among the statements in the "1. Recognition" of the reasoning of the judgment of the court of first instance, and the registration of each transfer of ownership as stated in Section 2 of the Disposition No. 5, the "F on the same day" of Section 8 and Section 9.

“F At the same day, the registration of each transfer of ownership was completed by the Cheongju District Court No. 30897 of the receipt of the Cheongju District Court Assistance.

"Each height is the same as the corresponding part, except for each height, and it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs asserted that the deceased jointly succeeded to the monetary claim of KRW 1 billion in total and KRW 1.6 billion in the monetary claim of KRW 600 million in accordance with the instant agreement against the company, and as the deceased died, the plaintiffs jointly succeeded to the monetary claim of KRW 1.6 billion in total. The plaintiffs asserted that the act of the company in this case entering into a purchase and sale promise and sales contract with respect to each real estate listed in the separate list while the company in this case exceeds its obligation and completed each provisional registration or principal registration constitutes a fraudulent act, and that the above company must implement the procedure of cancellation registration of each provisional registration or principal registration.

As to this, the Defendants asserted that the real estate listed in the attached list No. 1 is originally owned by K, and each real estate listed in the attached list No. 2 is real estate owned by W and five, and that the instant company has completed the registration of ownership transfer for the implementation of the instant business in the condition that the purchase price has not been paid in full, and that each of the above real estate was purchased by entering into a pre-sale contract and a sales contract and completed each provisional registration or principal registration for each of the above real estate as a measure to guarantee the right to recover from the purchase price upon cancellation of the sales

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