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(영문) 의정부지방법원 2016.05.18 2015가단111167
사해행위취소 등 청구의 소
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 April 1, 2014, the Plaintiff leased KRW 55,000,00 to C at interest rate of KRW 30% per annum and due date of repayment on September 30, 2014.

B. On the other hand, on August 1, 2014, C had completed the registration of ownership transfer in D with respect to the remainder of 1/2 shares in the real estate listed in the separate sheet, which is the only property of D, among the real estate listed in the separate sheet, which is the only property of C.

(hereinafter the above real estate was “the apartment of this case,” and the above 1/2 shares were donated, and the registration of ownership transfer was completed on the same day.

C. After that, on June 9, 2015, D sold the apartment of this case in KRW 680,000,000 to B, and on the same day, D completed the registration of ownership transfer following the sale.

(hereinafter referred to as “the trade of this case”). [Grounds for recognition] . [The fact that there is no dispute, significant fact, Gap evidence Nos. 1 and 2, Eul evidence Nos. 8, each fact inquiry into the Ministry of Land, Infrastructure and Transport, the Ministry of Land, Infrastructure and Transport of this court, and the Court Administration Administration,

2. The parties' assertion and judgment

A. According to the above facts of recognition as to the cause of claim, C donated the instant shares, which are the only property of the Defendant, one of its wife, under the condition that C bears the above loan obligations against the Plaintiff. Barring special circumstances, this constitutes a fraudulent act detrimental to the obligee, including the Plaintiff, and the Defendant’s bad faith, which is the subsequent purchaser, is presumed to be acceptable.

B. As to the judgment of the defendant's assertion, the defendant asserts to the purport that he constitutes a subsequent purchaser in good faith, since he did not know not only the obligation and obligation between the plaintiff, C, and D at the time of the sales contract, but also did not know that he would prejudice the creditors of C, including the plaintiff by purchasing the apartment

The following circumstances, i.e., the sales of this case, i.e., the sales of this case, i.e., the following circumstances, under which each of the above evidence was stated as evidence Nos. 1 through 7 and 9 through 12 (including each of the numbers) and the overall purport of the pleading.

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