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(영문) 서울북부지방법원 2017.06.27 2017가단103686

사해행위취소

Text

1. As to the real estate stated in the separate sheet between the Defendant and B, the trade reservation entered into on October 10, 2014, and January 3, 2017.

Reasons

1. Basic facts

A. C jointly and severally guaranteed indemnity obligations owed to the Plaintiff by a financial comprehensive construction company (hereinafter “financial comprehensive construction”), etc. on June 25, 2004. In the case of indemnity amount of Seoul Central District Court 2003Kadan3426 on June 25, 2004, C, “C, jointly and severally with a financial comprehensive construction company, shall pay to the Plaintiff 570,872,534 and 362,715,764 won among them, from May 25, 1999; 203,269,389 won, from November 29, 200 to April 23, 2004; and the above judgment was finalized on August 10, 204.”

After that, C filed a subsequent appeal by the Seoul Central District Court 2014Na58329, and the appellate court was tried on May 19, 2015, but the judgment was finalized on June 11, 2015.

B. C, on December 13, 2010, entrusted the title to D with the wife, purchased E apartment 1128 (hereinafter “E apartment”) in the name of D, Nowon-gu, Seoul, and completed the registration of ownership transfer in the name of D with respect to the instant real estate on December 22, 2010.

After that, C filed a lawsuit against D seeking the cancellation of the above transfer of ownership, and obtained a favorable judgment. On August 11, 2014, C completed the registration of cancellation of the transfer of ownership in the above D name with the above judgment as the ground for registration, and completed the registration of transfer of ownership due to the sale on December 13, 2010 on the same day.

C. As to E apartment, C entered into a sales contract with B, a person living together with B as of July 23, 2014, and completed the registration of ownership transfer with transaction value of KRW 220,00,000 on August 11, 2014.

B on September 23, 2014, the Dole system Co., Ltd. sold E apartment in KRW 243,000,000, and completed the registration of ownership transfer on October 10, 2014.

E. On November 4, 2014, the Plaintiff filed a lawsuit for revocation of a fraudulent act (hereinafter “instant lawsuit”) with the Seoul Northern District Court Decision 2014Gahap25416 against B (hereinafter “instant lawsuit”).