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(영문) 서울중앙지방법원 2015.05.14 2013가단5186931
사해행위취소
Text

1. A sales contract concluded on January 20, 2010 between the Defendant and C with respect to one-half share of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. C and the Defendant completed registration of preservation of ownership on October 22, 2003 with 1/2 shares in each of the instant apartment units.

B. On February 12, 2008, the Plaintiff entered into a lease agreement with C by setting the lease deposit amount of KRW 100,000,000 for the instant apartment and the lease term of KRW 24 months from March 20, 2008.

C. On January 29, 2010, the Defendant completed the registration of ownership transfer for C’s portion of the instant apartment on the ground of sale on January 20, 2010, as Suwon District Court Heading registration Office of Suwon District Court (No. 2126).

The Plaintiff filed a lawsuit against the Defendant and C claiming the return of the lease deposit (Seoul Central District Court 201Gahap77158). On February 1, 2013, the said court delegated C with the authority of the Defendant to enter into a lease agreement on the instant apartment.

It is insufficient to prove that the above contract was ratified, and there is no burden of apparent representation for the defendant, and even if the defendant acquired C's shares, it is reasonable to deem that the defendant does not succeed to the status of the lessor under the lease agreement of this case null and void against the defendant, the plaintiff's claim against the defendant is dismissed. C shall pay to the plaintiff 10 million won and 20% interest per annum from December 27, 2012 to the date of complete payment.

The plaintiff filed an appeal against the part of the above judgment against the defendant (Seoul High Court 2013Na23091), and the Seoul High Court rendered a judgment dismissing the plaintiff's appeal on October 31, 2013, and the above judgment became final and conclusive around that time.

E. On the other hand, on January 20, 1984, the Defendant reported marriage with C's birth D, and on April 22, 2010, reported divorce.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 5-2, Eul evidence 12, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendant’s assertion is that C on January 20, 2010.

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