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(영문) 광주지방법원해남지원 2016.07.07 2015가단1922

사해행위취소

Text

1. The plaintiff's primary action against the defendant B shall be dismissed.

2. Defendant C shall submit the attached list No. 2 to the Plaintiff.

Reasons

1. Basic facts

A. On March 16, 2012, Defendant C concluded a contract with the Plaintiff to sell the building and its site indicated in the attached Table No. 3 (hereinafter “instant housing”) as indicated in the attached Table No. 3 (hereinafter “instant sales contract”) to the Plaintiff via D, who is his father and agent, for the purchase price of KRW 77,00,000 (hereinafter “instant sales contract”), and prepared a house sales certificate (hereinafter “instant house sales certificate”).

The house sales certificate of this case was written as "Sedo-gun E," and the lot area was written as "125 square meters," and Defendant B signed and sealed the house sales certificate of this case in the guarantor column.

B. The Plaintiff paid Defendant C the down payment of KRW 5,00,000 on March 16, 2012, which is the date of entering into a contract, and paid KRW 72,00,000 on April 30, 2012. From July 31, 2012, the Plaintiff resided in the instant house, but did not complete the registration of ownership transfer for all land and housing on the ground that the said house was not registered in the building ledger.

C. On October 23, 2013, Defendant C: (a) the land indicated in paragraph (1) of the attached Table No. 1 (F large 101 square meters; hereinafter “instant land”); (b) the land indicated in paragraph (2) of the same Table on the same side as the following drawings (hereinafter “instant land No. 1”); and (c) the land E large 312 square meters and hereinafter “the instant land No. 2”).

(D) Division was completed on October 24, 2013. Defendant C completed the registration of division. On November 18, 2013, the registration of ownership transfer was completed on the land of this case to Defendant B, one of his/her own punishment, on November 15, 2013. E. After having become aware of the fact regarding the division of land and the registration of ownership transfer, the Plaintiff filed a claim against the Defendants, and the Defendants attempted to reach an agreement through compensation for the amount of money, but the agreement was inconsistent. [In the absence of any grounds for dispute over the recognition, evidence No. 1, evidence No. 2-1, evidence No. 2-3, evidence No. 4, evidence No. 5, evidence No. 4 and No. 5, evidence No. 4 and 5, and the purport of the entire pleadings as a whole.

2. Claim No. 2 as to the land and housing of this case