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(영문) 춘천지방법원원주지원 2019.01.16 2017가단33147
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the creditor against Defendant B, and Defendant C, D, and E are the children of Defendant B, and Defendant F is the former owner of the real estate listed in the separate sheet (2) (hereinafter “instant land”).

B. The plaintiff filed a lawsuit against the defendant B in favor of the plaintiff that "50,000,000 won and 5% per annum from December 25, 1996 to May 14, 2004, and 20% per annum from the next day to the date of full payment" were awarded in favor of the plaintiff.

Daejeon District Court Decision 2004Gadan8773, 2014Gadan13606). C.

Defendant D completed registration of initial ownership relating to the real estate listed in the [Attachment List (1) on November 5, 2002 (hereinafter “instant building”).

After all, on September 16, 2004, Defendant D completed the registration of ownership transfer on the building of this case to Defendant C on August 20, 2004.

On November 26, 2002, Defendant F completed the registration of ownership transfer on the instant land to Defendant D on October 25, 2002.

After all, on September 16, 2004, Defendant D completed the registration of ownership transfer for the land of this case to Defendant E on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Defendant C and E’s judgment on the main defense of Defendant C and E’s main defense is that “When Defendant C and the bankruptcy trustee pay KRW 7,00,000 to Defendant C in the bankruptcy proceeding against Defendant C, the bankruptcy trustee would not proceed with the claim avoidance against Defendant C, and thus, the bankruptcy trustee asserts that the Plaintiff, a bankruptcy creditor, filed the instant lawsuit, would not have any interest in the lawsuit against the validity of the said settlement agreement.” However, it is difficult to view that the Plaintiff is bound by the validity of the said settlement agreement between the bankruptcy trustee and the Defendant, the above Defendants’ assertion is with merit.

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