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(영문) 창원지방법원 진주지원 2018.09.07 2017가단37351
사해행위취소
Text

1. As to shares of 1/2 of each real estate listed in the separate sheet:

A. The Defendant and Nonparty C concluded on March 10, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application with the Gwangju District Court for the payment order against C seeking the payment of the guaranteed debt with the Gwangju District Court 2015 tea955, and the said court issued the payment order on February 12, 2015, stating that “C shall pay the Plaintiff KRW 210,000,000 and delay damages therefor,” and the said payment order became final and conclusive around that time.

B. C, under excess of the obligation, completed the registration of ownership transfer as the receipt No. 3247 of March 14, 2016, on the ground of the sales contract on March 10, 2016 (hereinafter “instant sales contract”) with respect to one-half portion of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including branch numbers in case of additional number), the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition of the preserved claim, the plaintiff is entitled to receive KRW 210,00,000 from C and delay damages therefor. Thus, the plaintiff's above claims against C are preserved claims.

B. According to the facts of the recognition of the intent of fraudulent act and fraudulent injury, C’s act of entering into the instant sales contract with the Defendant as to 1/2 shares of each of the instant real estate owned by himself/herself and completing the registration of ownership transfer during excess of the debt constitutes a fraudulent act as reducing the joint security of ordinary creditors including the Plaintiff, and C’s act is presumed to be detrimental to general creditors, and the Defendant’s bad faith, a beneficiary, is also presumed to be a beneficiary.

C. Since the instant sales contract concluded between the Defendant and C is a fraudulent act according to the revocation and restitution of the fraudulent act, it is revoked, and the Defendant is obliged to implement C the procedure for registration of cancellation of ownership transfer registration made on the ground of the said sales contract.

3. The defendant's defense is judged.

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