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(영문) 창원지방법원통영지원 2016.09.08 2015가합11478
사해행위취소
Text

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

A. A sales contract concluded on November 24, 2015 between the Defendant and C is concluded.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Nonparty C filed an application with the Changwon District Court for a payment order for reimbursement of reimbursement amount under the Changwon District Court’s Tong Branch Branch No. 2014Hu677, Jul. 17, 2014, the said court ordered C to pay the Plaintiff the amount of KRW 76,40,000 and the amount of KRW 20% per annum from September 2, 2004 to the date of full payment, and the said payment order was finalized around that time.

In addition, the Plaintiff filed an application with the Changwon District Court for a payment order against C seeking the payment of the acquisition amount under the title of 2014 tea678. On July 17, 2014, the said court ordered C to pay the Plaintiff KRW 200,000,000 and the amount equivalent to 20% per annum from May 10, 200 to the date of full payment. The said payment order was finalized around that time.

(hereinafter referred to as “each payment order of this case”. B.

C and the Defendant’s sales contract on November 24, 2015, sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant (hereinafter “instant sales contract”) (hereinafter “instant real estate”). On the same day, on November 24, 2015, the Changwon District Court of Changwon District completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt No. 20793 on November 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-3, the purport of the whole pleadings

2. Determination:

A. According to the facts of recognition of the existence of the preserved claim, the Plaintiff had a claim against C pursuant to each payment order of this case at the time of the conclusion of the sales contract of this case, and thus the Plaintiff’s above claims may be the preserved claim for revocation of fraudulent act.

B. According to the overall purport of subparagraphs 4-1 and 2-2, the debtor C's insolvency, and the entire purport of the arguments, the plaintiff, who requested repayment of debt around December 7, 2015, was selected as a candidate for the D election.

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