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(영문) 창원지방법원거창지원 2016.08.30 2016가단344

사해행위취소 등

Text

1.(a)

Along with the defendant corporation, the defendant corporation and the defendant corporation entered into on October 5, 2015 with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 9, 2014, the Plaintiff: (a) concluded a contract for the instant construction work (hereinafter referred to as “instant construction work”) on the ground B-based land B (hereinafter referred to as “the instant construction work”) from Gyeongcheon-gun (hereinafter referred to as “YY”); (b) around 90,000,000 won for the construction cost; and (c) around March 2015, the scheduled date of completion of the construction.

Meanwhile, in the construction process of the instant case, the Plaintiff entered into an agreement to pay the Plaintiff KRW 6,00,000 as the additional construction cost (excluding value-added tax).

B. On November 26, 2015, the Defendant completed the registration of ownership transfer on the grounds of sale on October 5, 2015 (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C. On the other hand, with respect to the real estate listed in the separate sheet on November 26, 2015, the Defendant completed the registration of creation of a mortgage, which was composed of the maximum debt amount of 145,00,000,000 won due to the establishment of a mortgage on each day, and the debtor, the debtor, the defendant, and the defendant, and the non-deficial Saemaul Savings Depository, on each day. As to the real estate listed in the separate sheet Nos. 2 and 4, the Defendant completed the registration of establishment of a mortgage on each day.

In addition, on November 30, 2015, the Defendant completed the registration of the establishment of a joint collateral security right-based joint collateral security right-based on the same day, 200,000,000 won, and the debtor and the mortgagee D.

[Grounds for Recognition] The recommendation of confession under Article 257 (1) of the Civil Procedure Act

2. According to the above findings of the determination as to the cause of the claim, since the second sale of each of the instant real estate, which is the only property through the instant sales contract, and the sale and purchase of each of the instant real estate, is easily changed into money for consumption, it constitutes a fraudulent act, and the second intention of the second intention is presumed

Furthermore, this is subsequent to the fraudulent act.