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(영문) 서울중앙지방법원 2015.10.06 2015나35798
구상금 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the first instance is the same as that of the first instance court.

2. Determination:

A. (1) The Plaintiff’s assertion (1) on June 20, 2014, after May 30, 2014, the date of the Plaintiff’s subrogation, on June 20, 2014, the Plaintiff’s assertion B completed the registration of transfer of ownership (hereinafter “instant registration of transfer of ownership”) on the ground of a sales contract as of June 13, 2014, as indicated in the separate sheet (hereinafter “instant real property”), which is the only property for the Defendant, on the part of the Defendant.

The sales contract of June 13, 2014 constitutes a fraudulent act detrimental to the plaintiff who is a creditor.

Therefore, the above sales contract is revoked, and the defendant is obligated to implement the procedure to register cancellation of the ownership transfer registration of this case.

(2) The actual sale date of each share of the instant real estate asserted by the Defendant is around November 21, 201.

The above sales contract between the defendant and B is not subject to revocation of fraudulent act.

B. (1) In light of the following circumstances, it is reasonable to view that D purchased from B around November 21, 201, a half of each share of the instant real estate in KRW 25,00,00,00, from around November 21, 201, and accordingly completed the registration of ownership transfer in the name of the Defendant, who is the wife.

(A) On October 16, 2006, B moved into the F apartment No. 103 908, 2006, Busan-gu, Busan-do, and D and its wife, the Defendant moved into the F apartment No. 610, around November 10, 2008.

(B) Around June 21, 2010, D and B jointly purchased the instant real estate from E with E around 50,000,000, while residing in the said apartment building.

D and B, with respect to the above purchase price, the collateral security obligations against creditors Yangyang Agricultural Cooperatives on the instant real estate 25,00.

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