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(영문) 의정부지방법원 2021.02.25 2019가단102314
사해행위취소 등
Text

1. The sales contract between the defendant and the non-party C is concluded as of November 10, 2017 with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Nonparty C’s clan (hereinafter “debtor’s clan”) was the owner who completed the registration of transfer of ownership on January 2009 with respect to the land indicated in attached Form 1, with the termination of the trust in its name as the grounds for registration, and the land indicated in attached Form 2 as indicated in attached Form 1.

(b) Records entered as the representative of the debtor clan in the register;

D The registration of transfer of ownership was completed on January 20, 2009 with respect to the land listed in attached Form 1, and on the land listed in attached Form 2, on June 9, 2009 with respect to the land listed in attached Form 1, for sale.

(c)

E completed the registration of the establishment of the right to collateral security (hereinafter “registration of the right to collateral security of this case”) with the maximum amount of claims KRW 442,00,000,000, and the debtor E and the person holding the right to collateral security (hereinafter “right to collateral security of this case”) on the grounds of “contract to establish a contract on July 21, 2009” as to each land listed in the separate sheet as indicated in the separate sheet.

(d)

Upon the enforcement of the instant right to collateral security, a voluntary auction procedure (F) was conducted with respect to each parcel of land indicated in the separate sheet (hereinafter “relevant auction procedure”) and sale was conducted, and the registration for the transfer of ownership (hereinafter “registration for the transfer of ownership”) was completed on September 8, 201, which was received on September 8, 2011 by the government registry office of the Ui Government District Court (hereinafter “sale through voluntary auction”) of the Defendant.

In the relevant auction procedure, the two cities received 674,440 won, the Plaintiff received 442,00,000 won, G 41,370,353 won, and H 165,481,414 won, respectively.

E. The debtor's clan filed a claim for cancellation of ownership transfer registration against E and the defendant (hereinafter referred to as "related party") by asserting that D's registration of transfer of ownership and registration of transfer of ownership of this case under the name of E is wholly null and void, because D has completed the registration of transfer of ownership for each land listed in the separate sheet without a legitimate disposition of the debtor's clan.

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