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(영문) 서울동부지방법원 2014.11.28 2014가합105729
사해행위취소
Text

1. Defendant B’s KRW 103,500,000 and its amount are 5% per annum from October 1, 2013 to September 11, 2014 to the Plaintiff.

Reasons

1. The following facts are acknowledged among the plaintiff and the defendant Eul based on Gap evidence Nos. 1 through 7, and the witness Eul's testimony, based on the whole purport of the pleading, and the defendant C has led to confession pursuant to the main sentence of Article 150 (3) of the Civil Procedure Act between the plaintiff and the defendant C.

A. On July 10, 2012, the Plaintiff entered into a sales contract with E (hereinafter “E”) with Defendant B, a representative director, with the content that the Plaintiff purchases KRW 495 square meters (which is divided into G land as seen below) out of 987 square meters of forest forest land F in the wife population at the time of the division before the division (hereinafter “instant land prior to the division”), and paid the purchase price in full to E until August of the same year.

B. On August 16, 2012, Defendant B completed the registration of transfer of ownership in Defendant B’s name with respect to the instant land before subdivision, and completed the registration of transfer of ownership with respect to the instant land before subdivision to H on the same day.

C. On September 14, 2012, the instant land was subdivided into KRW 492 square meters of forest land F with the wife population (hereinafter “the instant land after division”) and KRW 495 square meters of G forest land (hereinafter “the instant land after division”). D.

On September 19, 2012, Defendant B completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) which is the debtor B, the mortgagee B, the mortgagee, and the mortgagee B, the collateral security bank (hereinafter “instant collateral security”) with respect to an apartment in the attached list of real estate owned by Defendant B (hereinafter “instant apartment”).

E. The Plaintiff raised an objection to the registration of the provisional right to claim ownership transfer in H’s name, which was completed with respect to the instant land after the division, to Defendant B, on January 8, 2013, to return the purchase price already paid to the Plaintiff and KRW 103,500,000.

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