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(영문) 서울중앙지방법원 2016.07.01 2015가합580386
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D on April 15, 2002, acquired ownership of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On March 24, 2011, D sold each of the instant real estate to the Defendant at KRW 200,000,000 (hereinafter “instant sales contract”) and on the same day, D completed the registration of ownership transfer (hereinafter “instant transfer”).

C. As to each real estate of this case, the registration of creation of a lower right, such as the entry in the following table, was completed, and the registration of cancellation was completed as indicated in the cancellation column of the following table.

(2) On April 15, 2002, the mortgage-backed claim No. 1-mortgage No. 1-mortgage No. 1-mortgage No. 1-mortgage No. 221,000,000 on April 15, 2002, the grounds for registration of cancellation of the registration of creation, including the person holding a right to the right to the right to the mortgage and other matters, and the grounds for registration of non-acceptance, are as follows: (a) on April 15, 2002; (b) on April 7, 2015, on April 201, 201, the first-mortgage-mortgage No. 150,000,000 on September 11, 202; (c) on April 20, 2006, Defendant No. 1-mortgage No. 1-mortgage No. 1,500,000 on December 1, 206, 2005

2. Determination on this safety defense

A. On March 201, Plaintiff A’s summary of the Defendant’s assertion revealed the grounds for cancellation of the instant sales contract at the time of the provisional attachment of the real estate listed in attached Table No. 1 (hereinafter “instant land”); and Plaintiff B, around April 25, 201, at the time of sending content certification (Evidence No. 23) to D.

However, the Plaintiffs filed the instant lawsuit seeking revocation of the fraudulent act and restitution to the original state on April 1, 2015, which was one year after becoming aware of the grounds for revocation.

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