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(영문) 수원지방법원 2017.11.08 2017가단25778
사해행위취소등
Text

1. C shall revoke the sales contract concluded on April 19, 2016 with the Defendant on the real estate listed in the attached Schedules 1 and 2 with the Defendant, respectively.

2...

Reasons

1. Indication of claim;

A. The Plaintiff, at the time of C, has a claim for the amount of KRW 50 million and damages for delay at the rate of 10% per annum from November 1, 2016 to the date of full payment.

(U.S. District Court 2016Kadan1253). (b)

C owned the real estate listed in attached Tables 1 and 2 (hereinafter referred to as “each of the instant real estate”) on April 19, 2016.

With respect to the real estate listed in the attached Table 1 (hereinafter referred to as "real estate 1"), the registration of transfer of ownership in the name of the defendant was completed on May 18, 2016 on the receipt number of the Suwon District Court (No. 83160, April 19, 2016) and on the real estate listed in the attached Table 2 (hereinafter referred to as "real estate 2"), the registration of transfer of ownership in the name of the defendant was completed on April 20, 2016 on the grounds of sale as of April 19, 2016.

(C) The sales contract of April 19, 2016 (hereinafter “instant sales contract”).

Each of the instant real estate was the only active property of C at the time of the instant sales contract, and the price in each of the instant real estate sales contract was equivalent to KRW 45 million.

The defendant is the second action of C.

E. The instant sales contract constitutes an act that C, the sole property of which is the instant real property, sells each of the instant real property and alters it with ease to consume, and thus, constitutes a fraudulent act, barring any special circumstance, and the Defendant’s malicious intent is presumed to

F. Therefore, C’s revocation of the sales contract for each of the instant real estate on April 19, 2016, and the Defendant is obligated to implement C’s implementation of the registration of transfer of ownership as to the instant real estate, which was completed as of May 18, 2016 by the Suwon District Court’s Sung-si Registry of Registry of 83160, which was completed as of May 18, 2016, and the registration of transfer of ownership as of the instant real estate, which was completed as of April 20, 2016 by the Suwon District Court’s Sung-

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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