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(영문) 인천지방법원 2016.11.23 2016가단205938
사해행위취소
Text

1.(a)

B On October 15, 2015, the Chuncheon District Court rendered the defendant with respect to each real estate listed in Schedule 1 and Section 2 attached hereto.

Reasons

1. Facts of recognition;

A. Nonparty B bears the Plaintiff’s national tax liability of KRW 64,60,250 (as of January 4, 2016) in the aggregate of the value-added taxes and additional taxes as shown in the attached Table 2 attached hereto, which occurred between December 31, 1997 and June 30, 201.

B. Meanwhile, on the other hand, on December 3, 1998, B completed the registration of the original branch court of Chuncheon District Court on the ground of the pre-sale agreement as of December 2, 1998 with regard to each of the real estate listed in [Attachment 1 List 1 List 1 List 1 and 2], and each of the registration of the transfer of ownership was completed to the Defendant on October 7, 2015 on the ground of sale as of October 15, 2015, and each of the registration was completed under Article 81290. ② On December 3, 1998, B received the registration of the transfer of ownership as to the real estate listed in [Attachment 1 List 1 List 1 List 1] from the Defendant on December 3, 1998 on the ground of the pre-sale agreement with the Daegu District Court No. 29622 on December 3, 198 and received the transfer of ownership with the Defendant on the same ground as the Defendant on December 14, 2015.

(hereinafter) The above ① and ② each of the trade reservations described in paragraph (2) shall be deemed as “the instant trade reservation,” and each of the registration of ownership transfer claims shall be deemed as “the instant provisional registration,” and each of the registration of ownership transfer shall be deemed as “the instant registration”).

From the time B completed the registration of transfer of ownership of each real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”) to the Defendant, B does not own any property other than the instant real estate and is insolvent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, and 6 (including branch numbers, if any), the purport of the whole pleadings

2. Determination on the claim for cancellation of provisional registration of this case

A. On the basis of the instant reservation, one-way reservation is to be made for the extinction of the right to complete purchase and sale.

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