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(영문) 춘천지방법원 2015.04.15 2014가단9451
사해행위취소 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3, Eul evidence No. 1, and Eul evidence No. 5-1, 2, and 3, taking into account the whole purport of the pleadings:

The plaintiff supplied oil, etc. to B by December 6, 2004.

B. The Plaintiff filed an application against B for a payment order with the Chuncheon District Court No. 2005Ka2652, and “B” with respect to KRW 32,427,00 and its amount from August 8, 2005 to August 19, 2005, and the payment order was issued on September 3, 2005, with the amount of KRW 5% per annum from August 8, 2005 to the date of full payment.”

C. B entered into a trade reservation with the Defendant (hereinafter “instant trade reservation”) on October 12, 2009, and completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on October 14, 2009.

B On February 11, 2010, on the grounds of sale as of February 8, 2010, the transfer registration based on the provisional registration of this case (hereinafter “instant transfer registration”) was completed on February 8, 2010.

E. On February 11, 2010, the Defendant completed the registration of the establishment of a neighboring agricultural cooperative, a mortgagee of a right to collateral security, with the maximum debt amount of KRW 39 million, and the registration of the establishment of a neighboring agricultural cooperative, a Southern Agricultural Cooperative.

2. The plaintiff, ex officio, asserts that although B was insolvent at the time of the provisional registration of this case and the transfer registration of ownership was fraudulent, the provisional registration of this case and the transfer registration of ownership was completed in the future of the defendant, and that the establishment registration of neighboring agricultural cooperatives was completed in the future after the completion of the transfer registration of ownership of this case. Thus, it is impossible to return originals. Thus, the contract of this case was revoked and the defendant is obliged to pay the amount stated in paragraph (2) of this case due to the return of value

ex officio deemed.

A provisional registration is made to preserve the claim for transfer of ownership in the name of the beneficiary with respect to real estate owned by the debtor.

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