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Reasons
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(영문) 창원지방법원마산지원 2014.01.17 2013가합836
사해행위취소
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1. Defendant B shall pay to the Plaintiff KRW 230,00,000 as well as 20% per annum from April 16, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 8, 201, the Plaintiff, the owner of the building as indicated in the attached building permit (hereinafter “instant housing”) and the owner of the Gyeong-gun J (hereinafter “instant land”) (hereinafter “instant land”) signed a contract with K to transfer the said land to the Plaintiff and to change the owner’s name (hereinafter “instant transfer contract”) on the condition that K would succeed to KRW 150,000,000,000 on August 7, 201, as well as KRW 50,000 on the same day.

B. K completed the registration of ownership transfer of the instant land in accordance with the instant transfer contract, and changed the name of the owner of the instant housing to itself, and paid KRW 50,000,000 to the Plaintiff, but did not succeed to the remaining payment of KRW 230,000 and KRW 150,000,000.

C. Around September 9, 2011, Defendant B reported the change of the name of the owner of the instant housing to himself/herself, and thereafter, Defendant B paid KRW 150,000,000 to the collateral security obligation on the instant land at Defendant B, thereby cancelling the registration of the establishment of the neighboring mortgage on January 11, 2012.

Defendant B changed the name of the owner of the instant housing around April 23, 2012 to Defendant C, the wife, and had no active property except the instant housing under construction at that time.

E. Defendant C completed the registration of initial ownership on May 17, 2012 with respect to the instant housing, and thereafter, Defendant D, E, F, G, H, and I are as follows: “201,” “202,” “204,” “205,” “304,” “305,” “305,” and “402,” and “403,” respectively.

As follows, the registration of ownership transfer has been completed, and the registration of establishment of a neighboring real estate was completed in the third party's future.

Attached Form

The reason for registration of ownership transfer is the owner of the real estate.

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