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(영문) 부산지방법원 2015.04.09 2014가단49148
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 4, 2004, Alternative Development Co., Ltd. (hereinafter referred to as "Large Development") completed the registration of transfer on the ground of sale on June 4, 2002 with respect to D’s building site of 8,500 square meters prior to Busan Seo-gu D (hereinafter referred to as “D’s building site”). On April 26, 2004, on April 26, 2004, the registration of transfer was completed under the Defendant’s name with respect to the building site of 67.5 square meters prior to Seo-gu, Busan (hereinafter referred to as “E site”), and on October 1, 2003.

B. On December 4, 2003, alternative development obtained approval from the Busan District Office for construction of 4 households and 56 households on the ground, including the instant building site, from the Busan District Office. A project plan was approved on June 5, 2006. A project plan was approved on the construction of 5 households and 64 households around June 5, 2006. A project plan was approved on the construction of 5 households and the construction of 5 households and 64 households building around 2007 (hereinafter “instant building”). As of September 30, 2008, the above construction work was suspended for reasons, such as shortage of funds, etc.

C. On August 8, 2005, the National Agricultural Cooperative Federation (hereinafter “CF”) completed the registration of the establishment of a mortgage on the instant building site owned by the developer, the maximum debt amount of 3 billion won, the ownership of buildings and other structures or trees, the entire duration of the land, the duration of the land from August 8, 2005 to 30 years, and completed the registration of the establishment of a superficies on the instant building site owned by the obligor, which is a Cheongjin-jin Construction Co., Ltd. (hereinafter “Cheongjin-jin Construction”), and completed the registration of the establishment of a mortgage on December 26, 2007, the additional maximum debt amount of 60 million won, and the obligor, the Cheongjin-gu Office of Busan seized the D building site on November 14, 2007, and the Korea Asset Management Corporation executed the public auction procedure on the D site on behalf of the obligor at the request of Busan Seo-gu Office in December 2009.

On March 26, 2010, the Plaintiff purchased D’s building site in the above public sale procedure in KRW 1,183,330,000 and sold the same year.

4.1. As to the above land, the name of the plaintiff is registered.

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