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(영문) 수원지방법원안양지원 2017.11.24 2015가합102922

사해행위취소

Text

1. The Plaintiff and the Intervenor’s successor against Defendant DENC, B, and EPS Co., Ltd.

Reasons

1. Basic facts

A. Construction and sales contract of the instant building 1) C Co., Ltd. (hereinafter “C”).

(3) On October 4, 1994, the Plaintiff: (a) from the Korea National Housing Corporation on October 4, 1994, the Plaintiff: (b) 481.4m2; and (c) E large 482.1m2m2 (hereinafter “instant land”).

(2) On August 12, 1995, the Plaintiff purchased and completed the registration of ownership transfer on August 12, 1995. On January 23, 1995, the Plaintiff obtained a building permit for the construction of the above land from the Gunpo-si Market, and obtained a building permit for the construction of the above land, the 4th underground and the 8th ground (hereinafter “instant building”) and the referring to the individual heading room.

2) On January 17, 2002, AC Development Co., Ltd. newly constructed a new contract to purchase the instant building that was newly constructed by C from January 18, 2002 (hereinafter “the instant building sales contract”). At this time, C entered into an agreement that “the legal responsibility for G cases registered by mistake and the restoration of the rights to the development of EC Development” (hereinafter “the instant building sales contract”). < Amended by Act No. 6613, Feb. 18, 2002>

B. 1) On October 5, 2001, the registration of preservation of ownership was completed in the name of G in relation to the instant building in dispute between C and G, which was the actual number of registered public officials on October 5, 2001, under the name of G with respect to only 109 through 111 of the instant building. C filed a lawsuit against G claiming the cancellation of registration of preservation of ownership in the name of G, asserting that the original acquisitor is the original acquisitor, and that the registration of preservation of ownership in the name of G is null and void, and against G, the competent court accepted the claim of C on June 18, 2003 (Seoul High Court Decision 2003Na51240), and thereafter, the appellate court (Seoul High Court Decision 204Na30535), quasi-deliberation (Seoul High Court Decision 2005Da30535) and the final appeal (Supreme Court Decision 2005Da30535).