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(영문) 광주지방법원순천지원 2016.09.08 2015가단75463
사해행위취소
Text

1. The reservation entered into on January 9, 2015 with respect to each real estate listed in the separate sheet between the defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. On July 15, 2010, 2010, 1976, net agricultural cooperatives applied for a payment order against B to seek a loan payment order against B, and received a payment order from the said court stating that “The amount of KRW 34,252,162 and the amount of KRW 10,000,000 calculated at the rate of 18% per annum from July 6, 2010 to the date of full payment,” and the said payment order was finalized on August 3, 2010.

B. On June 28, 2013, the Plaintiff received the claim for the principal and interest of the above loan from Nonparty 1 Agricultural Cooperatives, and notified B of the claim transfer on June 23, 2014.

(c) B is each of the land of this case listed in the separate sheet, which is its sole property.

(D) On January 9, 2015, the Defendant, who was sworn on his own, completed the registration of the right to claim ownership transfer on the same day’s reservation. D. As of August 3, 2015, the Plaintiff’s claim for the principal and interest of the loan to B was KRW 16,541,356. [based on recognition] fact that there is no dispute, evidence A1 through 3 (including a serial number), and the purport of the entire pleadings.

2. Determination

A. According to the above facts, B completed the registration of transfer of ownership on each land of this case, which is the only property under the condition that it bears the Plaintiff’s obligation to the Plaintiff, based on the purchase and sale reservation, and thus, the said purchase and sale reservation constitutes a fraudulent act, barring special circumstances, by causing the shortage of common creditors’ joint security.

Therefore, the pre-sale agreement entered into on January 9, 2015 with respect to each of the instant land between the Defendant and B shall be revoked as it constitutes a fraudulent act. The Defendant is obligated to implement the procedure for registration cancellation of the provisional right to claim transfer of ownership as to each of the instant land as the restitution following the revocation of fraudulent act.

B. As to this, the Defendant alleged to the effect that there was no intention of harm at the time of the instant promise to sell and purchase.

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