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(영문) 대구지방법원 2015.12.29 2014가단4450
사해행위취소 등
Text

1. As to the Plaintiff’s share of 27/100 out of the share of 1/10 of the land indicated in the attached list of real estate.

Reasons

1. Facts of recognition;

A. On March 28, 2006, the Plaintiff and Defendant B agreed to purchase shares equivalent to KRW 27,200 square meters out of Defendant B’s 2/30 shares (54,504 square meters when converted into an area) owned by Defendant B with respect to Defendant B’s forest D, Daegu-gun, Daegu-gun, (hereinafter “the forest before the instant subdivision”) for KRW 817,568 square meters (hereinafter “the forest before the instant subdivision”), and to divide them from the forest before the instant subdivision, by specifying the location of the land equivalent to KRW 27,200 square meters (hereinafter “the instant sales contract”).

The Plaintiff paid KRW 14.3 million out of the purchase price to Defendant B until March 15, 2009.

B. On the other hand, from October 1, 2007, the instant forest was divided into the instant forest. From January 14, 2013, the Daegu-gun, Daegu-gun, which was subdivided on October 1, 2007, 98,437 square meters of forest land, 49 square meters of forest land, G forest land, 3 square meters of forest land, 254 square meters of H forest land, and 397 square meters of forest land were subdivided again, and the instant forest left 97,734 square meters of forest land.

C. Of the instant forest land, Defendant B’s share in Defendant B acquired on May 30, 2007, 1/10 of the instant forest land (hereinafter “instant share”) by adding 2/30 shares of the ownership out of the forest land before the instant land was divided into the forest land at the time of the instant sales contract.

As to the instant shares, the ownership transfer registration was completed from Defendant B to Defendant C on January 14, 2013 as the receipt No. 4387 on January 14, 2013.

E. On March 10, 2014, the Plaintiff and Defendant B entered into a new agreement between the Plaintiff and Defendant B with respect to the share equivalent to 500 square meters out of the instant share. ② The Plaintiff received KRW 10 million from Defendant B and completed the registration procedure for ownership transfer of the Plaintiff’s share of the instant share to Defendant B. ③ The Plaintiff received KRW 45 million from Defendant B and completed the registration procedure for ownership transfer of the Plaintiff’s share of the Plaintiff’s share of the Daegu-gu L land.

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