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(영문) 춘천지방법원영월지원 2019.07.03 2017가단11778

사해행위취소

Text

1.(a)

D and Defendant B entered into on December 15, 2016 with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On October 28, 2016, the Plaintiff was drafted by a notary public who borrowed KRW 80,000,000 from the Plaintiff on the same day at 18% per annum (payment on January 28, 201) and on January 28, 2017, with the purport that the Plaintiff borrowed KRW 80,000,000 from the Plaintiff on the same day, as the interest rate of 18% per annum (payment on January 28, 2017).

B. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), D entered into a payment in kind contract with Defendant B on December 15, 2016 (hereinafter “instant payment in kind”) and completed the registration of ownership transfer under the said payment in kind contract as the receipt No. 26212 on December 16, 2016. ② Defendant B entered into a sales contract with Defendant C on March 25, 2017, and completed the registration of ownership transfer under the said sales contract as the receipt No. 6086 on March 27, 2017.

C. Meanwhile, with respect to each of the instant real estate, the registration of the establishment of a mortgage was completed on May 8, 2013, under the Special Act on the Registration of Ownership based on the instant payment contract: (a) the Special Act on the Registration of Ownership, which was received on May 8, 2013; (b) the Special Act on the Registration of Ownership Ownership, which was concluded on April 14, 2017; (c) the Special Act on the Registration of Ownership, which was concluded on April 14, 2017; (d) the Special Act on the Registration of Ownership, which was concluded on April 14, 2017, was revoked by the Special Act on the Registration of Ownership Ownership, which was concluded on April 14, 2017; and (e) the registration of the establishment of a mortgage, which was newly completed on the same day, which was concluded on April 195, 200; and (e) the Act on the Registration of Ownership Ownership, a debtor, a mortgagee, and a H association, was revoked.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination: