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(영문) 서울동부지방법원 2018.02.07 2016가단142831

사해행위취소

Text

1. The Defendant: (a) on November 11, 2014, on the real estate stated in the attached list to Nonparty C, the Suwon District Court Yang Jong-si registry office.

Reasons

1. Basic facts

A. The Plaintiff holds a claim for damages for delay at the rate of 25% per annum from March 21, 2004 to the date of full payment (hereinafter “instant claim”) with respect to KRW 64,885,519 and KRW 44,80,000 among the 64,885,519 and the 44,000 among them by the Jeju District Court Decision 2004Da5241 decided June 16, 2004.

B. C on June 12, 2014, the real estate listed in the separate sheet (hereinafter “instant real estate”) was awarded through a voluntary auction (YO District Court Branch D) and completed the registration of ownership transfer.

C. On November 11, 2014, the Defendant completed the provisional registration of the transfer of ownership claim (hereinafter “provisional registration of this case”) with respect to the instant real estate by the Suwon District Court Yang Pyeong District Court’s registration office, which set the reservation of the sale on the same day as the grounds for registration.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. As to the determination of the issue of the instant provisional registration, the Plaintiff asserted that it was a false provisional registration in collusion with the Defendant by C, and the Defendant asserts that it would preserve the right to claim ownership transfer according to the exchange agreement concluded on October 25, 2014 with C (hereinafter “instant exchange agreement”).

After the conclusion of the instant exchange contract with respect to approximately 484 square meters (hereinafter “E forest”) and Nos. 402 (hereinafter “F lending”) of Gyeonggi-gu, Seoul and the fourth floor of land No. 402 (hereinafter “F lending”), all of the Defendant disposed of it to a third party (E forest land was concluded on August 27, 2015 and completed the registration of ownership transfer on September 1, 2015, and F lending was concluded on October 26, 2014, following the date of the instant exchange contract, which was the date following the date of the instant exchange contract, and was concluded on October 26, 2014.