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(영문) 수원지방법원 2017.02.10 2016나54725
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

3...

Reasons

1. On February 1, 2014, the intervenor in the determination as to the cause of the claim, transferred the right to claim the ownership transfer registration of the instant land to the Defendant Dok Development Co., Ltd. (hereinafter “Defendant Dok Development”), and completed the additional registration prior to the right to claim the ownership transfer registration, should be revoked as it constitutes a fraudulent act detrimental to the general creditors. Defendant A, the beneficiary, and the subsequent purchaser, who received the right to claim the ownership transfer registration and completed the additional registration after receiving the right to claim the ownership transfer registration from Defendant Dok Development, is obligated to cancel the registration of ownership transfer made under each of his title, and Defendant A, the subsequent purchaser, the subsequent purchaser, who received the right to claim the ownership transfer registration.

On August 31, 201, the Plaintiff granted D a loan of KRW 1,80,00,000 to D with the due date specified on August 31, 201. At the time, B entered into a joint and several guarantee contract with the limit of guarantee amount of KRW 2,340,00,000 for D’s above loan obligations. ② On September 23, 201, the Plaintiff borrowed D the said loan of KRW 2,10,000,000 to D with the due date for payment as of September 23, 201, the Plaintiff entered into the provisional registration of KRW 2,730,00,000 for the above loan obligations as of KRW 20,000,000 (hereinafter collectively referred to as “the above loan,” each of the above provisional registration of KRW 30,000,000,000 for the ownership of each of the above loan obligations as of KRW 930,000 for joint and several surety Korea (hereinafter referred to be known). 2986.

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