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(영문) 춘천지방법원 2018.07.25 2016가합50887
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Case history

A. C on January 25, 2016, issued a promissory note of KRW 225 million to the Plaintiff.

B. C has completed the provisional registration of the right to claim transfer of ownership (hereinafter “instant provisional registration”) No. 17176, Sept. 5, 2016, 2016, by designating his/her wife as the person entitled to provisional registration with respect to the real estate stated in the separate sheet No. 1 list, and on August 29, 2016, Hongcheon District Court on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”).

【Fact-finding without a dispute over the basis of recognition, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion C concluded a pre-sale agreement with the Defendant, his wife, and completed the provisional registration of this case for the purpose of evading obligations in excess of obligations.

The reservation of this case constitutes a fraudulent act and thus should be revoked, and the cancellation of the provisional registration of this case should be sought to restore the original state.

3. Determination

A. According to the factual relations prior to the occurrence of the preserved claim, C is obligated to pay the Plaintiff the amount of KRW 225 million in the bill of exchange.

B. C’s fraudulent act and intent of death and injury. 1) Real estate listed in the attached Table 2 list of active property at the time of the instant promise to sell and purchase (as of August 29, 2016), the market price of KRW 2,638,320,940 in total (as a result of the commission of appraisal to the D Appraisal Office of this Court, however, according to the evidence No. 14, C owns the share of KRW 524m2,524m2, 71m2, 725m2, 625m2, and 15m2, 700, 125, 200, 200, 200, 000 won as evidence of the creditor’s debt amount, and KRW 225,00,000,000, KRW 15,000, KRW 15,000, KRW 260, KRW 260, KRW 37060, KRW 2747,060.1.

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