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(영문) 수원지방법원여주지원 2014.12.09 2013가단2698

사해행위취소 등

Text

1. The purchase and sale reservations entered into on May 2, 2008 between the defendant and C with respect to the real estate listed in the separate sheet; and

Reasons

1. C’s disposal of the instant real estate and C’s owner of the instant claim filed on May 2, 2008 shall complete a provisional registration of the right to claim transfer on the basis of trade reservation to the Defendant on May 2, 2008, and the Defendant completed the registration of ownership transfer on June 4, 2012 based on the said provisional registration on May 30, 2012.

(Ground for recognition: The entry of evidence No. 7, and the reservation and sales contract, which serve as the ground for registration, are “the instant sales reservation,” and “the instant sales contract,” which are “the grounds for registration.” The Plaintiff, as a creditor of C, claims that the instant sales reservation and sales contract between C and the Defendant are fraudulent acts, and seeks for registration of the right to claim transfer of ownership and the cancellation of the transfer of ownership registration accordingly by restitution.

2. The Defendant asserts that, on August 201, 201, the instant claim, which was filed one year after the date of exclusion, is unlawful, because the Plaintiff knew of the grounds for the cancellation of the instant purchase and sale reservation and the sales contract.

According to Gap evidence Nos. 7, 8, 30 and Eul evidence Nos. 1 (including serial numbers; hereinafter the same shall apply), Eul, an executor of "A apartment" in Gyeonggi-si, shall file a lawsuit against the defendant on May 2, 2008 against the defendant as to the above apartment Nos. 17, 101, 506, 102, 103, 104, 106, 202, 204, 202, 206, 302, 303, 304, 402, 404, 404, 404, 402, 502, 503, and 504, including the real estate in this case, against the defendant as to the defect repair of the above apartment No. 301, 201, 204, 205, 201, 204, 205, 2015, 201.2