beta
(영문) 창원지방법원 2016.08.23 2016나534

소유권이전등기의 부인등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by integrating the respective descriptions and the entire purport of the arguments in Gap 1-3:

The status A of the parties is a person who is engaged in automobile parts and plant manufacturing business with the trade name of "D", and the plaintiff who is a litigation receiver A is a person who was the representative director of "E", and the defendant is the plaintiff.

B. Pecuniary Claim A filed a lawsuit against the Plaintiff as the Changwon District Court 2013Gahap287, Changwon District Court. On June 26, 2013, the said court rendered a judgment that “A Co., Ltd and the Plaintiff jointly and severally pay to A 121,083,189 won and the amount calculated at the rate of 20% per annum from April 16, 2013 to the date of full payment,” and the said judgment became final and conclusive on July 16, 2013.

C. On November 29, 2013, the Plaintiff completed the registration of ownership transfer for each of the instant real estate on November 27, 2013. On the same day, the Plaintiff completed the registration of ownership transfer for each of the instant real estate by means of voluntary auction on November 27, 2013. On the same day, the Plaintiff, who is the Plaintiff, completed the registration of ownership transfer for each of the instant real estate on October 27, 2013 to the Defendant.

On February 26, 2014, the Plaintiff filed an application for individual rehabilitation with the Changwon District Court 2014da8712 on February 26, 2014, and A filed a lawsuit against the Defendant seeking revocation of and reinstatement to the original original district court’s Msan Branch 2014Kadan16282 on the ground that the Plaintiff’s completion of the registration of ownership transfer of each of the instant real estate constitutes fraudulent act. The Plaintiff was decided to commence individual rehabilitation procedures by the Changwon District Court on January 22, 2015, while the said lawsuit was pending, and thereafter the Plaintiff filed a lawsuit against the Defendant for revocation of and reinstatement to the original state.