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(영문) 인천지방법원 2019.05.14 2018나51990
사해행위취소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The parties’ relationship between the Plaintiff and the Defendant B are in resistant relations, and the Defendant C is the children of Defendant B.

B. 1) The procedure for the auction of real estate rent is carried out, etc. 1) Kimpo-si D, Kimpo-si, 219m2 and 8m2 on its ground lending units (hereinafter “instant lending”).

(2) On March 16, 2010, on March 16, 2010, the sale of real estate was commenced on March 9, 2009, Incheon District Court Branch E, and on November 19, 2009, the sale permission decision was issued on November 19, 2009. (2) The sale price was KRW 271,720,000 in the above real estate auction procedure, and the ownership transfer registration was completed in Defendant B’s name on the same day.

3) As to the instant loan, the name of the owner was changed from L to Defendant B on May 7, 2010, and the approval for use was granted on July 2, 2010. After which, from November 18, 2010 to April 14, 2016, all of the ownership was transferred to a third party. (c) Defendant B completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 4, 2006 on July 7, 2006.

2) On August 18, 2014, Defendant B made a promise to sell and purchase the instant real estate between K and K (hereinafter “instant promise to sell and purchase”).

On the same day, K entered into a contract with Defendant C to sell the instant real estate at KRW 250,00,000 as the purchase price, and on September 5, 2016, K entered into a contract with Defendant C to sell the instant real estate at KRW 250,000 with the purchase price, and on August 10, 2016, K entered into a contract with Defendant C to sell the instant real estate at KRW 93479, Sept. 5, 2016.

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