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(영문) 서울중앙지방법원 2012.12.14 2012가합37881
사해행위취소
Text

1. Of the instant lawsuit, the claim for cancellation of the provisional registration of each right to claim ownership transfer registration against Defendant B Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff and C filed a lawsuit against C on November 17, 2008, claiming the return of legal reserve of inheritance. 2) The Plaintiff and C filed a lawsuit against C on December 14, 2009, and the judgment of accepting the Plaintiff’s claim under the Gwangju District Court 2009Gahap14199. The judgment of the appellate court became final and conclusive on January 14, 201 in the appellate court of Gwangju (hereinafter “the first instance court and the first instance court”) after appealed against the above judgment, with “C” as “5% per annum from January 8, 2010 to September 23, 2011, and KRW 20% per annum from the next day to the date of full payment,” and the judgment of the appellate court became final and conclusive on January 14, 2014.

B. C’s each act of disposal of property (1) C is the Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”) around March 30, 201.

(B) borrow KRW 950 million from the recipient of the loan, and each real estate listed in paragraphs 1 to 6 in the separate sheet (hereinafter collectively referred to as “real estate 1”) in order to secure the obligation to borrow the loan.

As to the truster C, Defendant Han Bank, Defendant Han Bank, Defendant Han Bank, and Defendant B Co., Ltd. (hereinafter “Defendant B”) with respect to the first priority beneficiary.

(2) The trust contract is deemed to be a trust contract, and the trust contract is deemed to be a trust contract.

After the conclusion of the contract, Defendant Han Bank completed the registration of ownership transfer for the real estate No. 56952 on March 30, 201, which was received on March 30, 2011 from the registry office of the Gwangju District Court, with respect to the real estate No. 1. 2) Moreover, on October 10, 201, C concluded a pre-sale agreement with Defendant B (hereinafter “instant pre-sale agreement”) with respect to each of the real estate listed in the separate sheet No. 7 through 11 (hereinafter collectively referred to as “second real estate”), and Defendant B entered into the pre-sale agreement with the registry office of the Gwangju District Court on October 11, 201 as to the real estate listed in the separate sheet No. 19030.

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