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(영문) 대구지방법원안동지원 2019.05.08 2018가단22787
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that there is no dispute E completed the registration of the right to claim transfer of ownership on October 28, 2015, which was based on the trade reservation made on October 26, 2015 (hereinafter “instant trade reservation”) with the receipt of No. 37446, Oct. 28, 2015, with respect to the real estate listed in the attached list, to the Defendant.

2. The plaintiff's assertion and judgment

A. On August 4, 2015, the Plaintiff asserted that the Plaintiff lent KRW 10 million to E, 3% of the interest per month and the due date for repayment on October 5, 2015.

However, E is a fraudulent act because E entered into the instant trade reservation and completed provisional registration on the basis thereof with excess of debt, and thus constitutes a fraudulent act.

B. The Plaintiff’s assertion is without merit, since there is no evidence to prove that E was in excess of its obligation at the time of the instant promise to sell and purchase.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.

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