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(영문) 대전지방법원서산지원 2017.08.08 2017가단2238
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. A donation contract concluded on January 15, 2016 between the Defendant and C.

Reasons

1. The indication of the claim has C a claim for the amount of money equivalent to KRW 13,228,690, and the plaintiff completed the provisional seizure registration as to each real estate listed in the separate sheet with the preserved claim.

On October 13, 2015, the Plaintiff sought to receive KRW 11,000,000 out of the price of the goods from C until June 30, 2016 and cancelled the registration of the provisional seizure.

However, on January 19, 2016, C had completed the registration of transfer of ownership on each real estate listed in the separate sheet to the Defendant on January 15, 2016, and since the above contract constitutes a fraudulent act, the contract entered into between the Defendant and C shall be revoked as a fraudulent act, and the Defendant shall be obliged to implement the procedure for cancellation of ownership transfer registration to the original state.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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