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(영문) 전주지방법원 2017.01.10 2016가단15640
사해행위취소
Text

1.(a)

The defendant and the non-party C entered into on May 2, 2016 with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Nonparty C from February 27, 2015 to the same year

5. From May 1, 2016, the Plaintiff borrowed a total of KRW 530 million from the Plaintiff until May 27, 2016, taking into account the principal and interest, etc. on the above loan, the Defendant prepared a written statement of performance to repay all KRW 580 million to the Plaintiff by May 16, 2016, and a notary public prepared and issued a notarized deed as the law firm 530,000 No. 200 on each of the above loans.

B. Meanwhile, each real estate listed in the separate sheet is the real estate owned by Nonparty D. As to each real estate listed in paragraphs 1 and 2 of the separate sheet, Nonparty C completed the provisional registration of the right to claim ownership transfer as of August 21, 2012, each of which was received on April 16, 2013 by the Jeonju District Court No. 5324, which was received on April 16, 2013. As to each real estate listed in the separate sheet Nos. 3, 4, and 5, the Jeonju District Court received on August 20, 2012 and the provisional registration of each right to claim ownership transfer as of April 11, 2013 and as of April 231, 2013, each right to claim ownership transfer was completed.

(hereinafter) The provisional registration of the above claim for ownership transfer and the registration of the establishment of the neighboring mortgage are as follows: “The provisional registration of the claim for ownership transfer No. 1 through 5 of this case and the registration of the establishment of neighboring mortgage” in the order of

However, on May 2, 2016, Nonparty C entered into a contract to transfer both the right to claim for ownership transfer and the right to collateral security (hereinafter “instant transfer contract”) with the Defendant on May 2, 2016, and with respect to each real estate listed in paragraphs 1 and 2 of the attached Tables 1 and 2 in the Defendant’s future, the former District Court received on May 3, 2016 and completed the registration of transfer of each right to claim for ownership transfer under Article 3312 of the former District Court’s receipt on May 3, 2016 and the registration of transfer of the right to collateral security under Article 3, 4, and 5 of the aforementioned Court’s receipt on May 3, 2016. As to each real estate listed in the attached Tables 3, 4, and 5, the former District Court’s receipt of each right to claim for ownership transfer and the said court’s receipt of each right to claim for transfer of ownership.

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