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(영문) 서울북부지방법원 2017.01.11 2016가단125542

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on June 24, 2015 between the Defendant and C is concluded.

Reasons

Basic Facts

On January 29, 2015, in Seoul High Court Decision 2014Na26288 (Main Office), 2014Na26295 (Counterclaim), the decision of recommending reconciliation was finalized as follows.

1. The plaintiff shall implement C with respect to each real estate listed in the separate sheet, each procedure for the registration of ownership transfer based on the restoration of real name.

2. C shall pay 80 million won to the Plaintiff by February 15, 2015. If C does not pay the said money by the payment date, C shall pay the unpaid amount to the Plaintiff plus damages for delay calculated at the rate of 20% per annum from the day following the payment date to the day of full payment.

On June 25, 2015, pursuant to paragraph (1) of the above decision of recommending reconciliation, the Plaintiff transferred to C the registration of ownership transfer concerning each real estate listed in the separate sheet (hereinafter “instant real estate”).

However, on June 24, 2015, C did not perform the obligation to pay money as stipulated in Paragraph 2 of the above Reconciliation Recommendation Decision to the Plaintiff, and entered into a sales contract with the Defendant with respect to the instant real estate, which is the only property owned by C, and transferred the registration of ownership transfer to the Defendant on June 25, 2015.

【In the absence of dispute as to the ground for recognition, Gap evidence 1-1-3, Gap evidence 1-2-1 and 2-2, and the fact-finding of the court administration office's fact-finding on the ground of the overall purport of the pleadings, it constitutes a fraudulent act where Eul concluded a sales contract with the defendant for the real estate of this case, which is the only property owned by the plaintiff and transferred the registration of transfer of ownership, under the circumstances where Gap bears the plaintiff's obligation to compensate for damages for delay.

Therefore, the sales contract concluded on June 24, 2015 between the Defendant and C with respect to the instant real estate should be revoked as a fraudulent act, and the Defendant’s restoration to the original state constitutes a transfer of ownership, which was completed on June 25, 2015 by the Government Registry of the District Court, the Defendant completed on June 25, 2015.