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(영문) 부산지방법원 2015.06.23 2013가단100268
사해행위취소 등
Text

1. The sales contract concluded on January 13, 2012 between the Defendant and B is revoked.

2...

Reasons

1. Facts of recognition;

A. Solomon mutual savings bank (hereinafter “ Solomon mutual savings bank”) filed a lawsuit against B on May 20, 2010 with the Seoul Central District Court 2010 Ghana285270. On May 20, 2010, the said court rendered a favorable judgment against B on October 10, 2009 that “B shall pay to Solomon mutual savings bank 22,256,405 won and 4,460,092 won with the interest of 18% per annum from October 10, 2009 to the day of full payment,” and the original judgment was served to B by means of service by public notice.

B. On August 8, 2011, the Plaintiff received from Solomon Mutual Savings Bank a claim against B pursuant to the above judgment, and then was granted an succeeded execution clause, and a certified copy of the succeeded execution clause was delivered directly to B on August 17, 2011.

C. B filed an appeal against the above judgment on June 9, 2014 by Seoul Central District Court Decision 2014Na34217, but the said court dismissed B’s appeal on April 8, 2015, and the said judgment became final and conclusive on June 16, 2010.

B On December 23, 2009, on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) the registration of ownership transfer is completed due to voluntary auction.

E. After that, B entered into a sales contract for the instant real estate, which is the only real estate between the Defendant and the Defendant, who was the Plaintiff, on January 13, 2012, with a debt excess, and completed the registration of ownership transfer as the receipt No. 2931 on January 13, 2012.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 11 (including each number), and the fact-finding results of this court's fact-finding on the Minister of Land, Infrastructure and Transport; the purport of the whole pleadings

2. The Plaintiff’s claim for KRW 22,256,405 as to the cause of the claim and damages for delay against KRW 4,460,092 as to KRW B is the preserved claim of the obligee’s right of revocation in this case and is in excess of the obligation B.

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