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(영문) 부산지방법원 2019.01.25 2018나43750
사해행위취소
Text

1. The part of the claim for nullification of the preliminary claim added at the trial shall be dismissed;

2. The plaintiff's appeal and .

Reasons

1. Basic facts

A. On December 16, 2014, the Plaintiff filed a loan lawsuit against D as Busan District Court Decision 2014Da33587, and was sentenced to a favorable judgment on KRW 376,366,832 from the above court and KRW 120,243,681, and the said judgment became final and conclusive on January 15, 2015.

B. D entered into a pre-sale agreement with E, the former wife for the instant real estate, and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on May 27, 2015, and completed the ownership transfer registration of E on December 26, 2016 due to the sales contract dated May 24, 2016.

E, on January 2, 2017, on the said real estate, Defendant B completed the registration of ownership transfer based on the sale on December 30, 2016, and Defendant B completed the registration of ownership transfer on January 11, 2017, the registration of creation of a neighboring maximum debt amount of KRW 100 million in the future of Defendant C.

C. On November 1, 2016, the Plaintiff filed a lawsuit for revocation of fraudulent act against E with Busan District Court Decision 2016Da349651, and the said court rendered a favorable judgment in favor of the Plaintiff on August 8, 2017, that “E shall not exceed KRW 120,000,000 with respect to the purchase and sale of the instant real estate concluded between E and D, and shall not exceed KRW 120,000. E shall pay to the Plaintiff 120,000,000 and 5% interest per annum from the day following the day when the judgment becomes final to the day of full payment.”

Since then, E filed an appeal to the above judgment (the Busan District Court 2017Na54074), but the judgment was rendered on July 12, 2018, and the above judgment became final and conclusive on August 1, 2018.

(hereinafter referred to as the “instant litigation”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Judgment as to the main claim

A. Since a pre-contract and a sales contract for the instant real estate concluded between the Plaintiff’s assertion D and E are fraudulent acts, each of them must be revoked, and registration of transfer from E.

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