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(영문) 대구지방법원 포항지원 2018.12.11 2018가단103660
사해행위취소
Text

1. The reservation to purchase and sell real estate entered into on March 13, 2018 between the defendant and C shall be revoked.

2...

Reasons

1. On February 19, 2018, the Plaintiff provided C with a claim of KRW 362,254,50,00, totaling KRW 355,449,90, and KRW 6,804,60, and KRW 362,254,50,00 for the amount of goods purchased in January 2018.

C In excess of the debt on March 13, 2018, the Defendant entered into a trade reservation (hereinafter “instant promise”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only real estate between the Defendant and the Defendant (hereinafter “instant real estate”). On March 14, 2018, the registration of the right to claim ownership transfer was completed on March 14, 2018 by the Daegu District Court Branch Branch Branch Branch Office No. 15308.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff’s claim for the price of the goods becomes a preserved claim for the obligee’s right of revocation, and the Defendant’s act of entering into the instant sales promise with the Defendant with respect to the instant real estate, which is the only real estate in excess of the obligation, constitutes a fraudulent act where the obligee’s joint security is insufficient or deepens the shortage thereof. In such a case, C’s intent is presumed, and the Defendant’s bad faith, the beneficiary

In regard to this, the defendant lent a total of KRW 100,00,000 to D, which is the husband of C, and as C, who is the inheritor of D, concluded the instant trade reservation, it is alleged to the effect that it is bona fide. However, each evidence submitted by the defendant alone is insufficient to recognize the defendant's good faith, and there is no other evidence to acknowledge this, the defendant's above assertion shall not be accepted.

Therefore, the reservation of this case should be revoked as a fraudulent act, and the defendant is obligated to implement the procedure for cancellation of the registration of the right to claim ownership transfer, which is completed with respect to the real estate in this case, to the plaintiff.

3. Accordingly, the Plaintiff’s objection.

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