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(영문) 울산지방법원 2020.02.06 2019나166
사해행위취소
Text

1. Of the judgment of the first instance court, the part against the Plaintiff against Defendant D and the part against Defendant C G in Ulsan-gun G forest land of 355 square meters against Defendant C.

Reasons

1. Determination on the right to be preserved

A. On November 15, 2017, the Plaintiff filed a lawsuit against B with the Ulsan District Court 207Da18346, the Ulsan District Court 207Da18346, Dec. 12, 2014 to November 11, 2017. On May 16, 2018, the said court rendered a judgment that “B shall jointly and severally pay 15,413,980 won to the Plaintiff with an I Co., Ltd. and the Plaintiff for delay payment from November 23, 2017, and the said judgment became final and conclusive on July 13, 2018.2) Meanwhile, B made the following registration to Defendant C, Ulsan District E Apartment-gun (hereinafter “Real Estate 1”).

(2) On November 23, 2017, the registration of the establishment of a collateral security (hereinafter “registration of the instant mortgage”) that was completed by the Ulsan District Court No. 184890, Nov. 23, 2017, as to the establishment of a collateral security (hereinafter “registration of the instant mortgage”).

B) Defendant C: (a) on November 16, 2017, the U.S. District Court: (b) filed a provisional registration for the right to claim ownership transfer (hereinafter “instant provisional registration”) completed under the receipt No. 189657, Nov. 17, 2017, on the grounds of the purchase and sale reservation (hereinafter “instant promise for the first sale”) with respect to U.S. G forest No. 355 square meters (hereinafter “instant real estate No. 2”) in Ulsan-gun, Ulsan-gun, Ulsan-gun; and (b) Defendant D, the U.S. District Court: (a) filed a provisional registration for the right to claim ownership transfer (hereinafter “instant provisional registration”) with respect to H 2180 square meters in U.S. H

As to November 16, 2017 (hereinafter referred to as “the second trade reservation of this case”)

(2) On November 17, 2017, the Seoul District Court completed No. 180655 on November 17, 2017 (hereinafter “Provisional Registration No. 2”) for the provisional registration of ownership transfer claim (hereinafter “instant provisional registration”).

(ii) [Ground of recognition] unsatisfy, Gap evidence 1 and 2 (if any, with a tentative number);

hereinafter the same shall apply.

each entry, the purport of the whole pleading

B. The Plaintiff’s claim for the construction cost against B is arising before B disposes of the above disposal to the Defendants, and becomes a preserved claim for the obligee’s right of revocation.

2. The establishment of a fraudulent act and restitution to its original state.

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