사해행위취소
1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's main claim is dismissed.
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1. Basic facts
A. On June 25, 2008, the Plaintiff transferred KRW 100 million to Leedo Construction Co., Ltd. (hereinafter “Do Construction”), KRW 100 million on June 27, 2008, KRW 100 million on June 27, 2008, and KRW 100 million on June 27, 2008. On September 30, 2014, the Plaintiff filed a lawsuit against this Do Construction with the Incheon District Court 2013Gahap20126, and completed a conciliation protocol containing the content that this Do Construction pays KRW 250,00,000 to the Plaintiff in installments.
B. On July 23, 2008, the construction entered into a pre-sale agreement with the Defendant on the instant real estate, and completed the registration of the right to claim ownership transfer under Article 23393, which was received by the Changwon District Court’s private registry office (hereinafter “each of the instant transaction reservation” and “the instant provisional registration”), and on August 20, 2014, concluded a sales contract with the Defendant on August 20, 2014, and completed the registration of ownership transfer to the Defendant on September 5, 2014 as the receipt of the Changwon District Court’s private registry office.
(hereinafter referred to as “instant sales contract,” “this case’s principal registration,” and “this case’s principal registration”). [Grounds for recognition] without dispute, Gap’s evidence Nos. 1 through 5 (including paper numbers), the purport of the entire pleadings.
2. Judgment on the main claim
A. The provisional registration of this case and the principal registration of this case are invalid because they are completed without any cause.
B. As long as the registration of ownership transfer of the judgment real estate has been completed, it is presumed that ownership has been acquired through legitimate procedures and causes. As such, the registration is invalid due to unfair procedures and causes are liable to prove it to the claimant.
(2) The registration of ownership transfer in the name of the defendant with respect to the real estate in this case is presumed to have been duly completed, and there is no evidence to acknowledge that the above registration of ownership transfer is null and void by reverseing the presumption power.
Therefore, the plaintiff's primary claim under the premise that the registration of the name of the defendant is null and void is without merit.
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