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(영문) 서울남부지방법원 2019.11.08 2018나70460
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts [the process of changing the ownership of the real estate stated in the attached list] ① June 15, 2010: E, the owner of the real estate listed in the attached list (hereinafter “instant real estate”) as the owner of the instant real estate, based on the pre-sale promise, completed the registration of the right to claim transfer of ownership on June 15, 2010 with respect to one half of the instant real estate to D (the FF construction site manager the E actually operated, and the stock company’s indication is omitted) with respect to one half of the remainder.

② On October 17, 2016: A provisional registration was completed on the ground of “application error” with respect to the above provisional registration, and thereby D’s share was changed to 1.4/10 and C’s share to 8.6/10.

③ On November 7, 2016: D and C shall complete the registration of ownership transfer made on October 30, 2016 with respect to shares in each changed provisional registration of the above real estate.

④ November 7, 2016: G (the maximum debt amount of the instant real estate is KRW 96 million with respect to the instant real estate on October 7, 2016, and the debtor E-mortgage has been set up) completed the registration of co-owners’ right to claim the transfer of the entire share of all co-owners with respect to the instant real estate on the ground of a pre-sale agreement on October 31, 2016.

(5) On January 31, 2017: The defendant shall complete the registration of ownership transfer made on December 2, 2016, with respect to 2.8/30 of D shares, and with respect to 17.2/30 of C's shares, on December 2, 2016.

(2/3 of the total shares in the instant real estate). As to the remaining shares, H, the Defendant’s spouse, completed the registration of ownership transfer on the same day.

④ The provisional registration of the right to claim the transfer of all co-owners' shares was cancelled on the same day.

[Contents of the instant real estate sales contract] (1) The instant real estate was concluded as a brokerage of the J Licensed Real Estate Agent Office and the K Licensed Real Estate Agent Office (Representative L) Office located in Yangcheon-gu Seoul Metropolitan Government I.

(2) A joint name C or D of the real estate of this case shall be written in a sales contract.

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