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(영문) 울산지방법원 2020.06.03 2019가단113306
사해행위취소
Text

1. As between the U.S. C and the Defendant:

(a) make a pre-sale agreement concluded on March 23, 2018 with respect to 1,2, and3 immovable property listed in the Schedule;

Reasons

1. Basic facts

A. (1) On July 21, 2009, the Plaintiff filed a claim for reimbursement against Nonparty C with the U.S. District Court 2009Da50110, and on July 21, 2009, “the Defendant would pay the Plaintiff KRW 7,881,472 and any delay damages therefrom,” which became final and conclusive on August 6, 2009 upon receipt of the decision of performance recommendation. (2) The Plaintiff filed a claim for reimbursement against Nonparty C with the Busan District Court 2010Da300238, Sept. 28, 2010, “the Defendant would pay the Plaintiff KRW 7,792,738 and any delay damages for the payment of KRW 4,609,00 among them” became final and conclusive on November 13, 2010 upon receipt of the decision of performance recommendation.

3) On November 23, 2010, the Plaintiff filed a claim for reimbursement against Nonparty C with Busan District Court Decision 2010Gaso259385, and rendered a judgment that “the Defendant shall pay to the Plaintiff KRW 9,420,361 and any damages for delay for delay of KRW 5,438,413 among them,” and the above judgment became final and conclusive on December 15, 2010. (b) C made a purchase agreement with the Defendant on March 23, 2018 with regard to the real estate listed in the separate sheet (hereinafter “instant purchase agreement”). On the same day, C made a purchase agreement with the Defendant on March 23, 2018 with regard to the real estate listed in the separate sheet (hereinafter “instant purchase agreement”). On the same day, the Defendant filed a claim for transfer of ownership as stated in Section 2(a) through (c) of the Disposition due to the instant promise

2) Meanwhile, on the other hand, on February 26, 2018, regarding the 4 real estate listed in the separate sheet owned by D, a provisional registration for the right to claim the transfer of all shares in the name C was made on March 14, 2018 by the Ulsan District Court, which was received on March 14, 2018, on the grounds of a pre-sale agreement. However, on March 23, 2018, C entered into a contract with the Defendant for the right to claim the transfer of ownership regarding the said real estate (hereinafter “instant contract for the transfer of ownership right

On the same day, the Defendant had entered into an additional registration prior to the right to claim the transfer of ownership as stated in Section 2(d) of the Disposition No. 2 by reason of the contract for the transfer of ownership in this case. [The grounds for recognition: the fact that there is no dispute, and the evidence Nos. 1 and 2 (including each number).]

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