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(영문) 광주지방법원해남지원 2019.02.19 2018가단201303
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 August 8, 2017, the Plaintiff and C concluded a sales contract with C to purchase each real estate listed in the separate sheet (hereinafter referred to as “instant land” and “instant housing” as indicated in paragraph (1) and “the instant real estate”; when the two are collectively referred, the Plaintiff and C purchased KRW 95 million among them at the time of entering into the contract as the down payment, and KRW 40 million at the time of entering into the contract as the down payment, and KRW 55 million at the same time as the performance of the procedures for the registration of ownership transfer on December 31, 2017 (hereinafter referred to as “instant sales contract”).

B. At the time of concluding the instant sales contract, the Plaintiff paid 40 million won as down payment to C.

C. A fishing village fraternity is a community fishing right (hereinafter “instant community fishing right”) under Article 9 of the Fisheries Act with the license for community fishing business (a license number E, composite type of fisheries, method of cultivation: dry, spraying, captured, gathered and gathered, cultivated products: Kim, Bain, Kim, and extended period from December 3, 2001 to December 2, 201, and extended period from December 3, 201 to December 3, 201, as well as from December 3, 201.

D On August 4, 2017, a four-day period prior to the Plaintiff’s purchase of each of the instant real estate, a resolution was made to deny the Plaintiff’s exercise of the communal fishing right at the meeting of a fishing village fraternity that was held by the Plaintiff.

E. The Plaintiff did not pay any balance on the remainder payment date stipulated in the instant sales contract, and C notified the Plaintiff on March 13, 2018 to pay the remainder by March 21, 2018, and notified the Plaintiff that the instant sales contract was terminated if the remainder is not paid by the said deadline. The said notification reached the Plaintiff around that time.

F. The Plaintiff did not pay any balance to C by March 21, 2018.

G. C sells each of the instant real estate to the Defendant on April 8, 2018 and receives on May 4, 2018 from the Gwangju District Court’s complete registry office.

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