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(영문) 창원지방법원통영지원 2015.05.12 2014가단1118

사해행위취소

Text

1. A contract establishing a right to collateral security concluded on March 11, 2013 between the Defendant and C regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s unjust enrichment return claim 1) D, on September 21, 2004, newly constructed a building listed in paragraph (2) of the attached Table No. 2 on the land listed in the attached Table No. 1 of the attached Table No. 1 as of September 21, 2004, and registered the preservation of ownership. On June 9, 2005, the Plaintiff borrowed KRW 50 million from Gyeongnam Bank Co., Ltd. and borrowed KRW 50 million from Gyeongnam Bank, each real estate listed in

(2) On November 1, 2005, D established a maximum debt amount of KRW 60 million. 2) D completed the registration of ownership transfer on each of the instant real estate, E was a debtor of the right to collateral security stated in paragraph (1) on June 22, 2006. On October 1, 2008, D was a debtor of the right to collateral security stated in paragraph (3). On the other hand, D died on February 6, 2006, and was the wife, F, and G were the wife, but the Plaintiff claimed for the cancellation of the registration of ownership transfer on each of the instant real estate by filing a lawsuit to cancel the registration of ownership transfer on the grounds of the aforementioned paragraph (2) on October 22, 2006, E was finalized on each of the instant real estate, and C was finalized on May 27, 2010 and 307.

5 C has won a lawsuit seeking the registration of ownership transfer on the ground that the Plaintiff, F, and G received a gift from the Changwon District Court Heading to 2010Kadan9039, which was issued by D. The above winning judgment became final and conclusive on December 14, 2012, and accordingly, on February 14, 2013, the registration of ownership transfer was made in C future on the ground that the gift was made on October 26, 2005 with respect to each of the instant real estate.