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(영문) 서울중앙지방법원 2016.11.16 2015가단5061241
사해행위취소
Text

1. As to real estate listed in Appendix 2:

A. The transfer agreement entered into on November 20, 2013 between the Defendant and C.

Reasons

1. Basic facts

A. On April 3, 2013, the Plaintiff lent KRW 200 million to C.

B. On October 30, 2006, the Defendant and C had three children who were minors under the chain of marriage on October 30, 2006, and the agreement was reached on February 14, 2014.

C. C has completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) and the registration of ownership transfer as stated in the purport of the claim (hereinafter “the principal registration of this case”) under the name of the Defendant with respect to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1 of this case”).

Attached Form

The provisional registration of C’s claim for transfer of ownership was completed on September 10, 2013 with respect to the real estate listed in the List No. 2 List No. 1 and No. 2 (hereinafter “the instant real estate”). On November 25, 2013, as the Seoul Central District Court received No. 222198, Sept. 10, 2013, the Seoul Central District Court received the provisional registration of C’s claim for transfer of ownership on September 10, 2013. However, C completed the registration of transfer of ownership under the Defendant’s name on November 20, 2013 with respect to the claim for transfer of ownership on the instant real estate No. 2 under the Seoul Central District Court Decision No. 280172, Nov. 25, 2013 (hereinafter “the provisional registration”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. That the Plaintiff’s assertion exceeded his obligation that the Defendant entered into a pre-sale agreement or transfer of ownership transfer right to each of the instant real estate to the Defendant is a fraudulent act, and thus, all of them should be revoked. The Defendant is obliged to cancel the provisional registration of this case and the principal registration of this case and the registration of transfer of provisional registration of this case, all of which have been completed, to C,

3. Determination on the claim for fraudulent act

A. The Plaintiff at the time of November 20, 2013, which was the disposal date of each real estate of this case, as set forth in Article 1-1(a) prior to the preserved claim.

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