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(영문) 광주지방법원 2018.11.14 2018가단8304
사해행위취소
Text

1. The plaintiff (appointed funeral service provider)'s claim is all dismissed.

2. The costs of the lawsuit shall be borne by the plaintiff (appointed funeral).

Reasons

1. Basic facts

A. On August 1, 2017, the Plaintiff (Appointed Party) and the Appointed E (hereinafter collectively, the Plaintiffs including two persons) obtained from Nonparty D the registration of establishment of a mortgage on G Apartment H (hereinafter, the instant real estate) located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu as Seoul Northern District Court No. 60846, Jun. 30, 2017; the maximum debt amount of KRW 260,000,000; and the debtor’sD mortgage registration.

B. Meanwhile, with respect to the instant real estate, the provisional registration of the right to claim ownership transfer was completed on July 4, 2017 at the same registry office, which was received on July 4, 2017 due to the promise to sell and purchase the instant real estate on July 3, 2017. However, Nonparty I completed the registration of the provisional registration as of November 14, 2017 at the same registry office, which was received on November 2, 2017, as of November 14, 2017, on the ground of the transfer of right. (2) Defendant B completed the registration of the provisional registration as of November 14, 2017 at the same registry office as of November 2, 2017 at the same registry office as of November 14, 2017.

3) Defendant B completed the registration of ownership transfer pursuant to Article 100826 of the same registry office received on December 27, 2017 due to sale and purchase on December 22, 2017 to Defendant C. (c) Nonparty D had no special property other than the instant real estate around 2017. [In the absence of any dispute as to grounds for recognition, the respective descriptions in subparagraphs 1 and 2, and the purport of the entire pleadings.]

2. Assertion and determination

A. Although Nonparty D’s assertion did not actually pay the purchase price, it entered into a sales contract with I, B, and Defendant C, and subsequently made a provisional registration of transfer of ownership and a principal registration in sequence.

Each of the above reservations and contracts constitutes a fraudulent act, which is made for the purpose of evading the plaintiffs' claims, and thus revoked, the defendants are obligated to cancel provisional registration and principal registration with the restoration to original state.

B. First of all, there is no evidence to prove that each pre-contract and sales contract between the above non-party D, I, and the Defendants are false contracts made without compensation.

In addition, Nonparty I's name.

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