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(영문) 서울중앙지방법원 2017.07.07 2015가단5339838
사해행위취소
Text

1. The reservation to purchase and sell real estate entered into on December 20, 2013 between the defendant and C shall be revoked.

2...

Reasons

1. Basic facts

A. On May 13, 2015, the Plaintiff filed a lawsuit claiming the agreed amount under the Seoul Central District Court 2015Da5132815 on the ground that the Plaintiff had claims for unpaid construction costs, electric extension costs, interest, and loan claims against C.

B. On September 29, 2016, the said court rendered a judgment in favor of the Plaintiff on the part of the Plaintiff that “C shall pay the Plaintiff KRW 113,483,00,07 and delay damages therefrom,” and the appeal is pending in the appellate court as Seoul Central District Court Decision 2016Na64595.

C. On the other hand, on April 6, 2015, C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against the Defendant on the grounds of the pre-sale agreement on December 20, 2013, the Seoul Central District Court received the registration office of the Seoul Central District Court, which received as the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 6, and 8 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion 1) notified the Defendant, who is the birth, and notified the Defendant, to avoid compulsory execution, and concluded a pre-sale agreement on October 20, 2013 with respect to the instant real estate, and completed the instant provisional registration to the Defendant. Therefore, the above sales contract should be revoked as it constitutes a fraudulent act. As such, the Defendant is obligated to implement the procedure for cancellation registration of the instant provisional registration completed with respect to the instant real estate to C. 2) The Defendant asserted that the Defendant lent KRW 350,000,000 to everever, until October 20, 2013.

C was made by entering into a pre-sale agreement as above because it was not a circumstance for repayment of the above loan, and the pre-sale agreement does not constitute a pre-sale agreement.

B. The act of deeming the claim protected by the obligee’s right of revocation 1 of the existence of the preserved claim as a matter of principle is a fraudulent act.

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