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(영문) 서울중앙지방법원 2015.04.24 2014가합527807
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where, in lieu of restitution to its original state, the Plaintiff asserts that the Plaintiff sold (one-third share each) the instant real estate owned by the non-party company (the Plaintiff’s obligor) to Defendant A, B, and C in excess of its obligation constitutes a fraudulent act, and that the instant lawsuit constitutes a fraudulent act, and thus, Defendant A, B, and C’s revocation of the sales contract concluded with the non-party company based on the obligee’s right of revocation, and the Plaintiff seeks to pay the equivalent amount of compensation equivalent to the sum of the Plaintiff’s secured debt amount

B. 1) The premise factual relations 1) The Plaintiff’s non-party company acquired the instant real estate on May 8, 2009 based on the Seoul High Court (Seoul High Court 2008Na113594)’s protocol on April 2, 2009. Accordingly, the Plaintiff, a local government, as a result of the acquisition of the instant real estate by the non-party company, acquired the instant real estate on May 8, 2009. The Plaintiff, a local government, as a local government, requested the non-party company to claim the taxation

(2) On April 24, 2009, Nonparty Company entered into a sales contract with Defendant A, Defendant B, and C, the representative director of Nonparty Company, to sell the instant real estate at KRW 6.7 billion in total (hereinafter “instant sales contract”). On May 8, 2009, Nonparty Company completed the registration of ownership transfer with respect to the instant real estate in the name of Nonparty Company A, B, and C on the same day, and completed the registration of ownership transfer with respect to each of the instant real estate in the name of Defendant A, B, and C (hereinafter “instant transfer”).

3. In order to acquire the ownership of the instant real estate in accordance with the above mediation protocol, the non-party company that was engaged in the business of real estate acquisition of the instant real estate by Defendant Yangyang Agricultural Cooperatives.

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