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(영문) 서울북부지방법원 2015.09.18 2014가단132287
사해행위취소
Text

1. In respect of the real estate listed in the Schedule,

A. Revocation of the reservation to trade concluded on May 14, 2014 between the Defendant and C, and B.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit with D seeking payment of loans, etc. against D and rendered a judgment in favor of the Plaintiff on June 23, 201, and the Seoul High Court appealed a part of the Plaintiff on June 7, 2012, and the Seoul High Court rendered a final judgment following the Seoul High Court’s amendment of the first instance judgment on June 7, 2012, “C shall pay to the Plaintiff 3% of the amount of KRW 232,765,90 and the amount of 30% interest per annum from April 18, 2007 to June 29, 2007, and from the next day to the day of full payment” (Seoul High Court Decision 201Na56714). However, the final appeal was dismissed, but the final judgment was pronounced dismissed.

B. In addition, the Plaintiff filed a lawsuit against C on April 10, 2006 against the Seoul Central District Court Decision 2009Da32964 (hereinafter “instant apartment”) seeking each ownership transfer registration procedure against the said apartment No. 401 on July 18, 2006 against the said apartment No. 401 (hereinafter “instant apartment”) and rendered the judgment in favor of the Plaintiff on October 16, 2009, and the said judgment became final and conclusive on November 7, 2009.

C. C, on November 7, 2007, after obtaining a provisional disposition of the Seoul Northern District Court to register the transfer of ownership based on the payment in substitutes with respect to the apartment of this case as the preserved right, C completed the registration of the transfer of ownership based on the payment in substitutes agreement on April 11, 2014.

C On May 15, 2014, the Defendant completed the provisional registration of the right to claim ownership transfer registration on the ground of a pre-sale agreement (hereinafter “instant pre-sale agreement”) on May 14, 2014.

E. At the time of the instant promise to sell and purchase, C was active property of KRW 510 million ( KRW 150 million, KRW 201,000,000, KRW 1800,000,000, KRW 201 and KRW 301,000,000, KRW 180,000,000,000). The small property was a total of KRW 1,254,186,114 ( KRW 704,08,08,149, KRW 232,765,90, KRW 471,322,249).

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