logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.11.27 2014가합102297
사해행위취소
Text

1. The plaintiff's lawsuit as to the defendant Brb hotel L&A Co., Ltd. is dismissed.

2. The defendant corporation.

Reasons

1. We examine, ex officio, as to the legitimacy of the lawsuit against Defendant B’s hotel L&A, the Plaintiff’s lawsuit against Defendant B&L hotel (hereinafter “Defendant B&L hotel”) on the lawfulness of the lawsuit.

The Plaintiff asserts that the sales contract concluded on May 22, 2012 with respect to each of the real estate (hereinafter “each of the instant real estate”) listed in the separate sheet between Defendant B hotel and Defendant B’s non-corporate comprehensive construction (hereinafter “Defendant B’s non-corporate construction”) was a fraudulent act detrimental to Defendant B’s non-corporate creditors, and sought to cancel the registration of transfer of ownership in the name of Defendant B’s hotel, which was completed with respect to each of the instant real estate in accordance with the said sales contract due to the cancellation of the said sales contract and the subsequent restitution to its original state.

A lawsuit for revocation of a fraudulent act shall be brought within one year from the date the creditor becomes aware of the cause for revocation (see Article 406(2) of the Civil Act), and comprehensively taking account of the entries in the evidence Nos. 5, 6, 5, and 7, and the purport of the entire pleadings, Defendant Non-Lifed Family shall complete the registration of transfer on May 22, 2012 on the ground of “sale on May 22, 2012” with respect to each of the instant real estate to Defendant B’s hotel on the ground of “sale on May 22, 2012.” On October 2, 2012, the Plaintiff filed with the Jeju District Court an application for prohibition of disposal of the ownership transfer registration based on the cancellation of a fraudulent act with Defendant B hotel as the debtor, and upon the above application, the Plaintiff may recognize the above provisional disposition registration of each of the instant real estate as the provisional disposition on October 10, 2012 as the provisional disposition of this case.

arrow