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(영문) 울산지방법원 2020.07.10 2018가단57607

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 28, 2017, the Industrial Bank of Korea transferred to the Plaintiff a total of 16,854,362,846 loans, including the principal and interest of the said bank against C, and notified C of the transfer of claims.

B. On June 28, 2017, the auction procedure for real estate rent was commenced with respect to the land E in Ulsan-gun, Ulsan-gun, the ownership of Ulsan-do District Court D on June 28, 2017 (hereinafter “instant land for factory”) and one building, two, and three buildings on the ground (hereinafter “instant building”) located on the said ground upon the application of the said bank.

C. C newly constructed a building listed in the separate sheet (hereinafter “instant 4 building”) on the ground of the instant land for factory, and completed registration of ownership preservation on June 2, 2017, and on the same day, C completed registration of ownership transfer on May 18, 2017, as stated in the purport of the claim (hereinafter “instant purchase”).

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8, entry of Eul 1 and 2, and purport of the whole pleadings

2. The parties' assertion

A. The appraisal value of the factory site of this case and each building of this case, which is owned by the plaintiff C, is KRW 23,593,428,100, the appraisal value of each building of this case, which is KRW 37,234,228,738, etc., in excess of the liability, such as the provisional attachment entry registration equivalent to the total amount of KRW 37,234,228,738 is completed with respect to each of the above real estate, it is presumed that C sold the building of this case and completed the registration of ownership transfer to the defendant immediately after the auction procedure for each of the above real estate was commenced constitutes a fraudulent act against the plaintiff

Therefore, the sales contract of this case is revoked, and the defendant is obligated to implement C with the procedure to register cancellation of ownership transfer registration of this case.

B. The Defendant 4 building of this case is the factory site of this case from C to operate non-destructive testing business.