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(영문) 춘천지방법원강릉지원 2016.11.30 2016가단51411
사해행위취소
Text

1. The sales contract concluded between the defendant and the non-party C with respect to the real estate listed in the attached Table 2 shall be revoked.

2...

Reasons

1. Basic facts

A. On April 1, 2009, the Plaintiff married with C, but was sentenced to the following judgment on November 28, 2013 by filing a divorce, etc. (only the main contents related to the instant case; hereinafter “Divorce judgment”), and C filed an appeal and appeal against the said judgment, but all of the appeals and appeals were dismissed, and the said judgment became final and conclusive.

1. The plaintiff and C shall be divorced.

2. C pays to the Plaintiff 30 million won as consolation money and 5% per annum from June 21, 2013 to November 28, 2013, and 20% per annum from the next day to the day of full payment.

3. C refers to the Plaintiff’s division of property by completing the registration procedure for transfer of ownership based on the fixed date of the judgment, with respect to one-half shares of each real estate listed in attached Tables 1, 2, 3, and 5 as the property division.

B. The Plaintiff completed the registration of ownership transfer with respect to 1/2 shares among the real estate listed in attached Tables 2, 3, and 5 in accordance with the judgment of divorce, but the real estate listed in paragraph (1) of the above list (the real estate was divided into 4,531 square meters and 170 square meters prior to D on April 30, 2014, when the divorce case was pending) was sold to Nonparty G around December 15, 2014, the registration of ownership transfer was not completed.

On the other hand, in the above auction case, each real estate listed in Section 4, 7, and 8 of the above list was sold to others around May 18, 2015.

C. Accordingly, the Plaintiff filed a lawsuit against C seeking compensatory damages of KRW 44,659,500 equivalent to one-half of the real estate listed in paragraph (1) of the aforementioned list as the Daejeon District Court Decision 2015Kadan108174, and the said judgment became final and conclusive upon winning a favorable judgment on January 12, 2016.

(hereinafter “instant preserved claim”). D.

C Around 2014 when the divorce lawsuit between the Plaintiff was pending, around 2014, the real estate listed in the attached Table 2 (hereinafter “instant real estate”) was newly constructed on the land E and H, and on the same date.

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