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(영문) 서울중앙지방법원 2017.05.16 2016가단5062470
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 20, 2007, the Plaintiff filed a lawsuit against the Plaintiff, B, etc. on the claim for reimbursement amount, Seoul Central District Court Decision 2007Da160872, and rendered a judgment on September 20, 207, that “B shall jointly and severally pay the Plaintiff KRW 152,637,50, and any delay damages therefor to the Plaintiff,” and the above judgment became final and conclusive on October 12, 2007.

B. B’s disposal act and cancellation of the right to collateral security (i.e., B) around 2011, 1/3 shares out of the instant real estate (hereinafter “B shares”).

)The land E and the land E (hereinafter referred to as “finites of two parcels”) in C and Gyeongbuk-gun;

2) On October 26, 201, the sale and purchase of B shares (hereinafter “instant sales contract”) was made on October 26, 201, except for the land of the salary-gun for which the provisional registration of the right to claim ownership transfer has been made in the name of F, one’s father’s husband

(2) At the time of the instant sales contract, the registration of ownership transfer was completed under the name of the Defendant, his/her own Dong, as of October 26, 201, as of which was received on the ground of the reasons indicated in the reasoning of the judgment below. (2) At the time of the instant sales contract, the registration of ownership transfer was completed on the instant real estate, Nos. 1, 3, and 4, respectively, which was the party having the right to collateral security (hereinafter referred to as the “instant collateral security”). The instant collateral security was established on December 13, 2010, at KRW 5,50 million (hereinafter referred to as the “instant maximum debt”). However, the instant collateral security was revoked on April 17, 2013, which was the date the registration of ownership transfer was completed under the name of the Defendant.

3) The market price of B’s share is KRW 62,761,33 around October 26, 201, which is the date of the instant sales contract, and KRW 79,822,66, around November 22, 2016, nearest the date of closing the argument of the instant case. At the time of cancellation, the secured amount of the instant collateral is KRW 5,50,000,000, and the amount corresponding to B’s share out of the secured amount of each of the respective secured amount of the instant collateral security claims in the name of Songan Agricultural Cooperative under the name of Songan Agricultural Cooperative is KRW 66,66,66. [Grounds for recognition: (i) there is no dispute; (ii) evidence A1 through 5; and evidence B Nos. 1 through 3.

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