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(영문) 창원지방법원밀양지원 2019.11.27 2019가단12048
사해행위취소 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion has monetary claims against E.

E, with respect to the instant shares in excess of debt, on May 13, 2013, concluded the instant reservation with Defendant B and completed the instant provisional registration.

In addition, the Defendants concluded the first sale contract of this case on November 30, 2017 and completed the instant provisional registration to be transferred to Defendant C.

In addition, E entered into a contract for the second sale of this case with Defendant C, and completed the registration of ownership transfer of this case based on the provisional registration of this case.

Therefore, the instant reservation and the instant sales contract constitute fraudulent act, and accordingly E, the Defendants’ intent to cause harm or bad faith is presumed to constitute fraudulent act. Therefore, the instant reservation and the instant sales contract should be revoked, and the Defendants are obligated to implement the procedures for the registration of the instant provisional registration, the transfer registration, and the cancellation of transfer registration due to restitution to their original state.

B. In a case where a provisional registration has been made for preserving a claim for transfer of ownership in the name of the beneficiary with respect to real estate owned by the obligor, and the principal registration of transfer of ownership based on such provisional registration has been completed, unless the juristic act which is the cause for registration of provisional registration and the juristic act which is the cause for registration of principal registration are clearly different, the legal act which is the cause for registration of provisional registration shall be established, and it shall not be deemed that only the legal act which is the cause for registration of principal registration is the object of revocation, and therefore, the limitation period of a lawsuit for revocation of a fraudulent act shall not be deemed to run from the date

(see, e.g., Supreme Court Decision 96Da26329, Nov. 8, 1996). In light of such a legal doctrine, the health unit with respect to the instant case, and the reservation of this case was merely a five-year exclusion period from Jun. 11, 2019, the date of the instant lawsuit, and the reservation of this case is apparent and apparent.

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