(영문) 울산지방법원 2019.06.20 2018나22497

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(영문) 울산지방법원 2019.06.20 2018나22497

사해행위취소

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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 26, 2014, the Plaintiff filed a lawsuit seeking reimbursement of KRW 60 million against C and D, a joint and several surety, with the Ulsan District Court 2017Da54397, on the ground that C had a loan claim of KRW 60 million.

On January 22, 2018, the Ulsan District Court rendered a settlement recommendation to the effect that “C shall pay the Plaintiff KRW 35 million jointly and severally with D by February 28, 2018. If C and D fail to pay the above amount by the payment date, it shall pay the unpaid amount plus damages for delay calculated at 15% per annum from the date following the payment date to the date of full payment. The Plaintiff waives the remainder of claims.” In the foregoing case, both the Plaintiff and C did not object to the above decision, and the above decision became final and conclusive as it is.

B. C on December 18, 2007, jointly acquired ownership of real estate listed in the separate sheet (hereinafter “instant real estate”) in proportion to E, the wife, and 1/2 shares.

C. On April 5, 2013, the Defendant, who is the subject of C, was prepared and delivered by C a document of a monetary loan agreement for consumption of KRW 500 million.

B. On April 9, 2013, C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with respect to the shares of the instant real estate 1/2 (hereinafter “instant shares”) owned by C, and completed the provisional registration of the entire claim for transfer of shares (hereinafter “the instant provisional registration”) with respect to the instant shares on April 9, 2013 by the Ulsan District Court No. 33396, Apr. 9, 2013.

E. On July 23, 2015, E transferred the right to claim the transfer of the entire share of the instant shares to the Defendant, and completed the supplementary registration with the content of transferring the instant provisional registration on the same day.

On August 26, 2015, the Defendant completed the registration of ownership transfer on July 23, 2015 with respect to the instant shares based on the provisional registration of this case.

F. As to the instant real estate, the Defendant: (a) on July 23, 2015, as the debtor C; and

유사 판례

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-부산지방법원 2017.06.09 2016나48928

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