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(영문) 울산지방법원 2016.11.01 2015가단60077

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. As of August 17, 2015, the Plaintiff had a claim for reimbursement of KRW 120 million against B as of August 17, 2015.

B. On September 4, 2015, B entered into a pre-sale agreement with the Defendant with respect to the shares of 55978/6148 of Ulsan-gun C forest land 2,755 square meters, which is one of the only property of the Defendant, and on the same day, B completed the registration of the right to claim the transfer of shares as stated in the claim in the Defendant’s future.

C. Since the above pre-sale agreement constitutes a fraudulent act and the defendant's bad faith is presumed to be the beneficiary, the pre-sale agreement should be revoked as a fraudulent act, and the defendant is obligated to implement the procedure for cancellation registration of the above provisional registration to the plaintiff.

2. In light of the fact-finding results as to the determination of the cause of the claim by the Minister of Land, Infrastructure and Transport, it is insufficient to acknowledge the fact that B was in excess of the obligation as of September 4, 2015, the date of trade reservation, solely on the basis of the entries in Gap evidence Nos. 1, 2, 3, and 4 (including the number of serial numbers), and the market price appraisal results, and there is no other evidence to acknowledge it.

Therefore, without considering the existence and amount of the preserved claim, the plaintiff's claim on the premise that the purchase and sale reservation of the plaintiff's claim is a fraudulent act is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.