(영문) 춘천지방법원 2017.11.16 2016가단55434

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(영문) 춘천지방법원 2017.11.16 2016가단55434

사해행위취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the overall purport of the pleadings as to Gap evidence Nos. 1, 2-1 through 5, 4-1 and 2, and Eul evidence Nos. 14 are not sufficient to reverse it, and there is no other counter-proof.

On March 27, 2012, the Plaintiff, Nonparty C, and D borrowed KRW 320,00,000 from the Plaintiff on March 23, 2012 by a notary public of the Ejoint law office (hereinafter “instant notarial deed”) from the Plaintiff on March 23, 2012, and repaid on June 23, 2012, and Nonparty C drafted a notarial deed of a money loan agreement for consumption (hereinafter “instant notarial deed”).

B. On July 24, 2012, Nonparty C filed for registration of the establishment of each neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the Defendant, the Chuncheon District Court, Ycheon-si Office, Ycheon-si Office, and KRW 150,000,000 for each contract concluded on July 23, 2012, with respect to each of the real estate listed in the separate sheet (hereinafter “the instant real estate”) as indicated in the separate sheet (hereinafter “the instant provisional registration”), and the registration of the provisional registration of the right to claim for the transfer of ownership (hereinafter “the instant provisional registration”), as of July 24, 201, 397, as of January 26, 201, with the registration office of the Chuncheon District Court, as of February 16, 2015, each of the instant registrations of the transfer of ownership (hereinafter “the ownership registration”).

2. Determination

A. The plaintiff's assertion shall be revoked when, in collusion with the non-party C, the provisional registration of this case, the establishment registration of the instant neighboring real estate, and the registration of ownership transfer of this case was completed, even though the defendant did not have any claim or obligation relationship. The defendant is obliged to restore the plaintiff to the duty to restore the provisional registration of this case, the establishment registration of the instant neighboring real estate, and the registration procedure for cancellation of the ownership transfer registration

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