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(영문) 수원지방법원여주지원 2020.01.29 2016가합6070

사해행위취소

Text

1. On January 6, 2016, each of the real estate listed in the separate sheet between the defendant and the non-party C, respectively.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the construction cost against C (hereinafter “C”) on December 25, 2014, the Plaintiff is Nonparty C (hereinafter “C”).

) On the ground of Leecheon-si and D, the Construction of Urban Residential Housing (hereinafter referred to as the “instant construction”) and the Construction of New Buildings is referred to as the “instant building.”

A) A contract was concluded and around December 31, 2015, the Plaintiff was approved to use the building of this case. (2) The Plaintiff filed a lawsuit against Suwon District Court 2016Gahap6315 (principal lawsuit), 2018Gahap6838 (Counterclaim). On July 10, 2019, Suwon District Court rendered a judgment that “C shall pay to the Plaintiff 918,190,000 won and interest thereon at each rate of 15% per annum from July 2, 2016 to July 10, 2019,” and that “C shall pay to the Plaintiff 6% per annum from the next day to the day of full payment, and from the next day to the day of full payment.”

3) As to this, the Plaintiff and C appealed each of their respective appeals and pending trial as Suwon High Court Decision 2019Na1539 (Main Office), and 2019Na1546 (Counterclaim). B. A trust agreement, etc. between C and the Defendant between C and the Defendant on January 6, 2016 between the Defendant and the instant building (the instant building consists of two-F, G, H, I-H, K, NA, M-N, M-N, M-N, Q-P, Q-R, S, T, and U, referring to the “instant building,” and when referring to the individual number of houses, referring to the “each individual number after the instant building) as the first beneficiary of Nonparty V Cooperative, as the second beneficiary of Nonparty W, as the beneficiary of the first priority, and as the beneficiary of Nonparty C, registered the ownership transfer of each of the instant divided buildings to the Defendant on the same day (hereinafter “instant trust agreement”).

(hereinafter referred to as “instant transfer registration”). 2 Thereafter, the Defendant shall register the ownership transfer of the remaining sections of the instant building except for E, G, X, H, I,Y, Z, Z, J, AA, P, R, and T, due to the reversion of trust property.