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1. The sales contract concluded on April 20, 2016 between the Defendant and H is revoked.
2...
Reasons
Basic Facts
The Plaintiffs are the successors of the deceased I (hereinafter referred to as “the deceased”), and the Defendant purchased the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) on April 20, 2016 from H and completed the registration of ownership transfer concerning the instant real estate on the same day.
In the lawsuit against H on April 4, 2007, the Deceaseds of the Plaintiffs’ preserved bonds was sentenced to the judgment that “H shall pay to the Deceased 10 million won and 5% per annum from November 24, 2006 to April 4, 2007, and 20% per annum from the next day to the day of full payment to the day of full payment” (Seoul District Court Decision 2006Gahap23537 delivered on April 4, 2007), and the above judgment became final and conclusive on January 18, 208.
On March 10, 2016, upon the death of the deceased, the Plaintiffs applied for grant of succession execution clause to this court on March 10, 2016, and a certified copy of the succeeded execution clause was served on H on April 12, 2016.
H’s fraudulent act H’s instant real estate was completed on March 4, 2016 by Busan Bank Co., Ltd., Busan Bank, the maximum debt amount of KRW 66 million, and by the debtor H’s establishment registration of the mortgage (hereinafter “the creation registration of the mortgage of this case”).
H, on April 15, 2016, after being served with a certified copy of the above succeeded execution clause, completed the creation registration of a mortgage company, Busan Bank, Busan Bank, the maximum debt amount of KRW 170,50,000,000,000,000,000,000 won, and the debtor H H, for the instant real estate. On the same day, H completed additional registration of the establishment of a mortgage on the instant real estate by the mortgagee J, the maximum debt amount of KRW 200,000,000,000,000,000 won, and H’s children.
The Defendant concluded a contract to purchase the instant real estate at H on April 20, 2016 (hereinafter referred to as “instant sales contract”), and completed the registration of ownership transfer concerning the instant real estate on the same day, and on the following day, the Defendant completed the registration of ownership transfer.