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(영문) 서울중앙지방법원 2016.08.25 2015가단5276708
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s determination on the Plaintiff’s claim is the cause of the instant claim. A and B, in excess of debt, conspired with the Defendant for the purpose of evading compulsory execution by the creditors, including the Plaintiff, on August 14, 2014, concluded a trust agreement with respect to real estate indicated in the separate sheet, which is the only property, and completed the registration of ownership transfer in the future of the Defendant, and seek for the cancellation of the said trust agreement and the procedure for cancellation of ownership transfer registration

On the other hand, the evidence presented by the plaintiff alone is insufficient to acknowledge that the above trust contract was a fraudulent act, and there is no other evidence to acknowledge it otherwise, and instead, comprehensively taking account of the overall purport of the pleadings in each statement in the evidence Nos. 1 through 10 (including the paper numbers) as shown in the attached Table, it is deemed that the trust act was inevitable when it extended loans from the Nonghyup Bank for raising funds for the clothing and shopping mall development project projects (C) being newly constructed on the ground of real estate stated in the attached Table from the No. 1, and the No. 14 billion won on August 24, 2012 and the No. 9 billion won on August 14, 2014 to the Nonghyup Bank as the priority beneficiary and additionally extended new funds for continuing the project. Accordingly, the plaintiff'

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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