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(영문) 인천지방법원 2020.10.30 2018가합61962
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On February 25, 2004, the Plaintiff filed a lawsuit against Suwon District Court 2003da27275 against C, and was sentenced to the judgment that “C shall pay to the Plaintiff the amount of KRW 91,60,000 and the interest rate of KRW 20% per annum from January 31, 2004 to the date of full payment,” and the above judgment became final and conclusive as it is.

The plaintiff filed a lawsuit against C in order to interrupt the extinctive prescription of the above judgment amount as the Changwon District Court 2014da15050, and won the same in favor of C.

B. On January 30, 2012, the Defendant filed a lawsuit against C regarding the transfer of ownership on January 30, 2012 as the cause of the claim against C, the lower court filed a lawsuit against C for the transfer of ownership on January 15, 2017, Seoul District Court Branching Chuncheon

(2) On January 30, 2012, the Defendant was sentenced to the judgment that “C shall implement the procedure for the registration of ownership transfer on the ground of sale and purchase of each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on February 6, 2018.”

C. According to the above judgment, the registration of ownership transfer was completed on September 14, 2018 in the name of the defendant with respect to each of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, 11, Eul evidence No. 7, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. In order to transfer each of the instant real estate to the Defendant, the Plaintiff C and the Defendant confirmed the judgment in favor of the Defendant in the instant lawsuit for the registration of ownership transfer by service by public notice, and completed the registration of ownership transfer in accordance with the final and conclusive judgment, so there was an agreement between C and the Defendant to transfer each of the instant real estate to the Defendant around January 16, 2018, which

The agreement of January 16, 2018 constitutes a fraudulent act as an act of disposing of the only property under C’s name.

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