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(영문) 의정부지방법원 2019.10.24 2019나205184
소유권이전청구권가등기 말소청구
Text

1. The revocation of the fraudulent act among the instant lawsuits added by the court shall be dismissed.

2. The plaintiff's appeal is filed.

Reasons

1. Facts of recognition;

A. On October 23, 2012, the Plaintiff filed a lawsuit against C with the Plaintiff seeking a loan, and sentenced that “C shall pay the Plaintiff 360,000,000,000 won jointly and severally with G, and 200,000,000 won per annum from January 9, 2012 to the date of full payment, 30% per annum for KRW 160,000,000 per annum from January 31, 2012 to the date of full payment,” and the judgment was finalized on December 4, 2013.

(C) The Seoul High Court (Seoul High Court Decision 2012Na106173, Supreme Court Decision 2013Da78112).

On February 28, 2014, C entered into a payment contract between C and D with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the accord and satisfaction contract with D (hereinafter “instant payment contract”). On March 3, 2014, C completed the ownership transfer registration on the ground of the said payment contract (hereinafter “the ownership transfer registration in D”) with D as the High Government District Court No. 14500 on March 3, 2014.

C. On May 2, 2014, the Plaintiff asserted that the instant payment contract was a fraudulent act, and filed a lawsuit seeking revocation of a fraudulent act and reinstatement against D, etc., and accordingly, on May 27, 2016, the Plaintiff was sentenced to the judgment that “D will implement the registration procedure for cancellation of ownership transfer registration in the name of D with respect to each of the instant real estate.” The judgment became final and conclusive on June 15, 2018.

(Seoul High Court 2014Gahap554, Seoul High Court 2016Na2039260, Supreme Court 2018Da215763). D.

D The provisional registration D on June 8, 2016 under the name of the defendant was based on the purchase and sale reservation between D and the defendant on June 7, 2016 as to each of the instant real estate.

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