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(영문) 창원지방법원통영지원 2016.05.26 2015가단23030

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. C completes the registration of ownership transfer as the receipt of No. 29412 on December 15, 2005, with respect to the 1/2 equity interest (hereinafter “instant equity interest”) out of the 1/2 equity interest (hereinafter “instant land, regardless of whether before or after the merger”) in Tong-si D (hereinafter “instant equity interest”).

B. Upon receipt of the instant share on August 3, 2010, C completed the registration of the establishment of the ownership transfer registration (hereinafter “instant ownership transfer registration”) with respect to the instant share as the Defendant on the ground of a contract concluded on August 23, 2010 (hereinafter “instant contract”). C, with respect to the instant share, the Plaintiff filed a lawsuit with the Busan District Court for the payment of KRW 60,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

E. Upon filing the instant lawsuit on July 6, 2015, the Plaintiff filed a claim for the revocation of the instant transaction and the cancellation of the instant transfer of ownership on the ground that the instant transaction was a fraudulent act with F as a co-defendant. Between the Plaintiff and F, the decision to recommend reconciliation was finalized on September 14, 2015, stating that the instant transfer of ownership with respect to the instant land was revoked.

[Reasons for Recognition] Facts that there is no dispute between the parties, significant facts in this court, Gap evidence 1-1, 2, and Gap evidence 2, the purport of the whole pleadings

2. Determination as to the defense prior to the merits