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(영문) 인천지방법원 2019.05.17 2018가단33878

사해행위취소등

Text

1. The sales contract was concluded on October 5, 2010 between Defendant B and Nonparty D regarding the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. (1) On May 28, 2013, the Plaintiff filed a lawsuit against Nonparty D with the Incheon District Court Decision 2012Gahap17963, and was sentenced to a favorable judgment on May 28, 2013 that “D shall pay to the Plaintiff KRW 704,00,000,000,” and the above judgment became final and conclusive around that time. (2) The Plaintiff’s claim against the Plaintiff for the amount of the transfer money against the Plaintiff was KRW 604,00,000, which was not paid a contract for construction work with the Defendant around December 2008, and around June 2009, the Plaintiff agreed to pay KRW 100,000,000,000, out of the construction price that the Defendant had against the Defendant Company F, and on June 20, 2012, transferred each of them to the Plaintiff on June 13, 2012.

The sales contract of October 5, 2010 of this case to Defendant B is the sales contract of October 5, 2010 of this case.

(3) On January 16, 2015, the Incheon District Court’s reinforcement registry office completed the registration of ownership transfer as prescribed by Article 28697. (c) Defendant B completed the registration of ownership transfer as prescribed by Article 3033 on the instant real estate on the ground of sale and purchase on December 18, 2017. D. The Plaintiff filed a lawsuit against Defendant B, etc. seeking revocation and restitution on the ground that the sales contract concluded on October 5, 2010 on the instant real estate (I) other than the instant real estate between D and Defendant B constituted fraudulent act, and was sentenced to a judgment in favor of the Plaintiff on January 16, 2015, and Defendant B (Seoul District Court Decision 2015Na2294), but the judgment of Defendant B was finalized on August 21, 2015 at the time of appeal No. 201, Defendant B’s appeal No. 305, May 21, 2015.