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Reasons
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(영문) 춘천지방법원영월지원 2015.05.06 2014가단3035
사해행위취소
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1. Of the Plaintiff’s lawsuit against the Defendant Industrial Bank of Korea, the agreement to establish a mortgage between the Defendants on June 23, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C with Youngcheon District Court’s Young-gu Branch 2012Gahap404, and the said court rendered a judgment that “C shall pay to the Plaintiff 15,000,000 won and the amount equivalent to 5% per annum from March 28, 2011 to May 21, 2012, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on November 6, 2012.

B. On March 14, 2014, Defendant B completed the registration of transfer of ownership in his/her name (hereinafter “instant transfer of ownership”) on the instant real estate owned by his/her mother on the grounds of sale and purchase (hereinafter “instant sales contract”) as of February 11, 2014; on June 23, 2014, Defendant B completed the registration of transfer of ownership in his/her name (hereinafter “instant transfer of ownership”); and on June 23, 2014, the maximum debt amount was KRW 132,00,000, the debtor, Defendant B and the mortgagee as the Defendant Industrial Bank of Korea (hereinafter “the registration of creation of mortgage in the instant case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s assertion constitutes a fraudulent act by means of false indication that Defendant B in collusion with Defendant C, and constitutes a fraudulent act, and thus, the instant sales contract and the instant mortgage contract should be revoked.

Therefore, Defendant B is obligated to implement the procedure for registration of cancellation of the ownership transfer registration of this case, and Defendant Industrial Bank of Korea is obligated to implement the procedure for registration of cancellation of the ownership transfer registration of this case.

3. As to the determination on the claim for revocation of the instant mortgage contract, the Defendant Industrial Bank of Korea seeks revocation of the legal act between the Defendant B and the subsequent purchaser, who is the beneficiary, and thus, raises an unlawful defense.

Dominant, creditor, etc.

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