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(영문) 대구지방법원포항지원 2020.03.05 2017가단105041
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 12, 2016, B was sentenced to a judgment ordering the Plaintiff to pay KRW 222,950,000 and delay damages (Seoul Southern District Court 2014Gahap102013), and both PlaintiffB filed an appeal around that time. (2) The appellate court rendered a judgment dismissing the Plaintiff’s claim corresponding to B’s cancellation of the lost portion on December 14, 2017 (Seoul High Court 2016Na2082837), and the Plaintiff’s appeal is currently pending in the final appellate trial after that time.

(Supreme Court 2018Da212887). B.

B On October 7, 2016, B entered into a sales contract with the Defendant on the purchase price of KRW 89 million (=the balance of KRW 8 million) with respect to the real estate listed in the separate sheet, which is owned by the Defendant and his/her owner (=the remainder of KRW 81 million), and on October 31, 2016, B entered into a sales contract with the Defendant on October 31, 2016. (2) On October 31, 2016, B entered into a sales contract with the Defendant as the purchase price of KRW 89 million, the remainder date, and the delivery date, and completed the registration of transfer of ownership as stated in the purport of the claim.

[Ground] Facts without dispute, Gap 1-3 evidence, Eul 13 evidence, witness Eul's testimony, the purport of the whole pleadings

2. The plaintiff causing the claim is as above 1.A in relation to B.

1 Claim that, at the time of entering into a sales contract entered in the list of claims with claims as preserved bonds, the real estate stated in the attached list was in excess of the obligation because it was the only property specified in B at the time of entering into the said contract, the cancellation of the above sales contract between the defendantB, who is a fraudulent act, and subsequent restitution, the cancellation of the

3. The Plaintiff’s claim for judgment is without merit, for the following reasons.

① It cannot be deemed that the existence of the preserved claim asserted by the Plaintiff is proven.

Evidence related to the existence of the preserved claim is the only evidence No. 1, and as seen above, this judgment has been reversed and invalidated in the appellate court.

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