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(영문) 서울중앙지방법원 2016.04.20 2015가단5178224
사해행위취소
Text

1. On June 19, 2014, a trade reservation entered into on June 19, 2014 between the Defendant and the Defendant for a 3485 square meters, and a trade reservation entered into on July 25, 2014.

Reasons

1. Plaintiff’s request

A. On February 4, 2013, the Plaintiff, a company running non-life insurance business, filed an order for payment of indemnity claim with the Seoul Central District Court 2013 tea21767 against Nonparty B, and issued a payment order with the above court on February 4, 2013, “B shall jointly and severally with 25,965,690 won, and 25,463,400 won, 15% per annum from January 10 to February 21, 2013, and 20% per annum from the next day to the date of complete payment.” Since the above order became final and conclusive on March 8, 2013, the Plaintiff had a claim for indemnity amounting to KRW 14,836,160 as of June 4, 2015.

B. However, B entered into a pre-sale agreement with the Defendant on June 19, 2014 with respect to the land size of 3485.8 square meters (hereinafter “instant real estate”), one of the entire property owned by it, for the purpose of evading compulsory execution. Based on such agreement, B completed the principal registration based on the provisional registration of the right to claim ownership transfer on the ground of the registration of the right to claim ownership transfer under the Daegu District Court’s receipt No. 42082, Jun. 25, 2014.

C. An obligor in excess of his/her obligation would constitute a fraudulent act against a creditor, barring any special circumstances. Meanwhile, a provisional registration to preserve the right to claim ownership transfer does not take effect by itself, but if the principal registration is made thereafter, it would result in the obligee’s failure to obtain full repayment due to the effect of change of ownership retrospectively at the time of provisional registration, and thus, the establishment of provisional registration would also be subject to the obligee’s right of revocation. Accordingly, the Defendant’s purchase and sale of the instant real estate, which is the only property of the obligor under excess of B, shall be subject to the obligee’s right of revocation.

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