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(영문) 창원지방법원 2016.12.01 2016가단102842

사해행위취소

Text

1. 9.38/165 shares among the real property listed in Attachment List No. 1, and 7.796/937.1 shares among the real property listed in Attachment List No. 2.

Reasons

1. Facts of recognition;

A. A promotion mutual savings bank (hereinafter “promotion mutual savings bank”) filed a lawsuit against Changwon District Court 2009Da30998 against B, and the above court rendered a judgment on October 14, 2009 that “B shall pay to the promotion mutual savings bank 38,584,250 won and 16,707,692 won with interest of 20% per annum from October 7, 2009 to the date of full payment,” which became final and conclusive around that time.

(hereinafter referred to as “instant claim”) with respect to B based on the said final judgment.

On June 15, 2011, a promotion mutual savings bank entered into an asset transfer agreement, including the transfer of the instant claim, with the Plaintiff, and notified the Plaintiff of the transfer of the instant claim on behalf of the promotion mutual savings bank.

C. B, from November 20, 2014, owned the real estate listed in paragraph (4) of the attached Table No. 4, and the real estate listed in paragraph (1) of the attached Table No. 9.38/165 among the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table, and 7.796/937.1 shares among the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table, and 62.46/109 shares among the real estate listed in paragraph (3) of the attached Table No. 3 of the attached Table (hereinafter “instant real estate”), was the Defendant, who is the birth, and the Changwon District Court completed the provisional registration of ownership transfer claim (hereinafter “the instant provisional registration”) on September 11, 2015.

At the time of the promise to sell this case, the Defendant was the only property of the real estate.

[Ground of recognition] 1, 2, and 7 evidence Nos. 1, 2, and 7 (including paper numbers), and the result of inquiry into the Court Administration Office of this Court, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff’s instant claim against B against the Plaintiff may be acknowledged as a preserved claim to revoke the instant reservation for sale and purchase as a fraudulent act.

In addition, as to the instant real estate, B, the sole property of which is the Defendant, the reservation to sell it.