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(영문) 광주지방법원 2019.01.16 2018가단534834
사해행위취소 등
Text

1. Each Plaintiff, Defendant D, as to each real estate listed in the separate sheet, on June 2014.

Reasons

1. Facts of recognition;

A. On February 12, 2014, Defendant E entered into a pre-sale agreement with the said Defendant on the date of payment of the remainder and paid KRW 60 million deposit money to B on the same day on the same day. In addition, Defendant E concluded a pre-sale agreement with respect to F. 496 square meters and its ground (hereinafter “F. land and building”) as indicated in the attached list and 4 and 5 real estate as indicated in the attached list.

B. On February 24, 2014, Defendant E concluded a pre-sale agreement with the above Defendant on the date of payment of the balance, and paid KRW 50 million to B on February 25, 2014, with respect to real estate listed in the attached list Nos. 1 through 3 on its ownership, including KRW 60,000,000,000 for deposit, KRW 50,000 for deposit, and the date of pre-sale agreement.

C. On February 25, 2014, Defendant E completed the registration of the provisional registration of the right to claim ownership transfer on February 24, 2014 with respect to the real estate listed in the separate sheet Nos. 1 through 3, 2014, and the registration of the right to claim ownership transfer on February 25, 2014 with respect to F land and building and the real estate listed in the separate sheet No. 4, and 5 on February 12, 2014.

B On June 30, 2014, Defendant D completed the registration of ownership transfer based on sale on June 24, 2014 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

E. B: (a) on January 13, 2015, the Gwangju District Court 2015Hadan68, and 2015Ma68 decided to be declared bankrupt by the court on July 6, 2015; and (b) on September 30, 2015, a creditor organization B, filed a lawsuit against the Defendants for revocation of the sales contract as of June 24, 2014 between Defendant D and B and seeking restitution; and (c) the trustee in bankruptcy, on May 19, 2016, took over the legal proceedings to exercise the avoidance power.

F. In the case of F land and buildings, the first-class collective security (hereinafter “the first-class collective security”) association (hereinafter “G”).

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