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(영문) 춘천지방법원영월지원 2016.11.30 2016가단10310
사해행위취소
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed.

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

Reasons

In fact, each real estate listed in the separate sheet on the premise that it was owned by the Korea Exchange Institute (hereinafter “Korea Exchange Institute”) (hereinafter “Korea Exchange Institute”). On September 17, 2004, the transfer registration of ownership in the name of D and Defendant C was completed on September 1, 2004 with respect to each of the above real estates on September 1, 2004.

After that, on January 14, 2010, the provisional registration of the right to claim for the transfer of all shares in the name of E (hereinafter “the provisional registration of this case”) was completed on January 14, 2010 with respect to shares in each of the instant real estate, among each of the instant real estate, on January 14, 2010. On July 30, 2014, the provisional registration of each of the instant provisional registration was completed on July 28, 2014 due to a transfer contract, and the provisional registration was completed on July 28, 2014. On the same day, the principal registration of shares in Defendant C was completed on the basis of each of the instant provisional registration of this case.

On January 9, 2013, the provisional registration of the right to claim for the transfer of all shares in the name E was completed on January 8, 2013 with respect to the shares in the instant real estate on January 9, 2013, and on July 30, 2014, the provisional registration of the right to claim for the transfer of all shares was cancelled.

On July 30, 2014, the transfer registration of ownership in the name of Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) was completed due to the trust on July 30, 2014.

【The Plaintiff’s assertion of the overall purport of the arguments and records as to the evidence Nos. 3-1, 2, 3, and 4 of the evidence Nos. 3-1, 3-4 was filed against F (name G before the opening of the statement), and the judgment ordering the payment of the loan principal amounting to KRW 78,000,000 and delay damages was issued by the above court. The above judgment became final and conclusive.

Therefore, the Plaintiff has a loan claim against F in accordance with the above final judgment, and F purchased 1/2 shares of each real estate listed in the separate sheet from the educational foundation’s returned private teaching institute, and the Defendant C and the title trust agreement is concluded.

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