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(영문) 청주지방법원충주지원 2014.12.04 2014가합413
사해행위취소 등
Text

1. As to the real estate listed in the annex 2 list:

A. It was concluded on April 15, 201 between Defendant B and D.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) concluded a pre-sale agreement with Defendant Western Industry Co., Ltd. (hereinafter “Defendant Western Industry”), on April 26, 201, and completed the registration of ownership transfer under the name of Cheongju District Court’s Audio Registry No. 10302 on April 26, 2011. After concluding a sales contract on the same day, the registration of ownership transfer was completed under the name of Cheongju District Court’s Audio Registry No. 33037 on December 7, 2011.

B. On April 15, 201, after entering into a pre-sale agreement with Defendant B on April 15, 201, B completed the registration of the right to claim the transfer of ownership under the name of Cheongju District Court Cheongju District Court 10798 received on April 29, 201. On April 25, 2012, after entering into a sales contract on April 25, 201, Cheongju District Cheongju District Cheongju District Cheongju District 1579 received on May 21, 2012.

C. D entered into a pre-sale agreement with Defendant C on April 15, 201, and completed the registration of ownership transfer claim under the name of Cheongju District Court Cheongju District Court Cheongju District 10795 on April 29, 2011. After entering into a sales contract on December 12, 2011, the registration of ownership transfer was completed under Defendant C’s name under the name of Cheongju District Cheongju District Cheongju District Cheongju District 35387 on December 27, 201.

【Ground of recognition】 The fact that there has been no dispute, the entries (including paper numbers) in Gap's 3, 4, and 5, the purport of the whole pleadings

2. As to the claim against the defendant B

A. According to the agreement dated January 26, 201, the Plaintiff’s indication of the claim has a claim for KRW 1.4777,58 million against D with respect to D, and D concluded a pre-sale agreement and a sales contract with Defendant B with respect to the real estate stated in the attached Table 2 with respect to excess of debt. As such, the aforementioned pre-sale agreement and the sales contract should be revoked as a fraudulent act.

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