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(영문) 인천지방법원 2018.10.16 2018가합55028
사해행위취소
Text

1. The sales contract concluded on July 1, 2016 between Defendant D and B on the real estate listed in the separate sheet was 430,000.

Reasons

1. Basic facts

A. The parties’ related F acquired land, etc. in the name of his/her spouse B and died on December 2, 2014 as a person who was engaged in a housing development project (hereinafter “instant housing development project”) in the G Gampo-si 268 square meters in Kimpo-si, Kimpo-si.

A is a creditor who lends money to B in connection with the instant housing development project.

Defendant D is a person who lends money to Defendant E in relation to the above business and completed the registration of the right to claim ownership transfer on the land owned by Defendant E due to purchase and sale promise, and completed the registration of ownership transfer in his name due to trade.

B. Upon the occurrence of the instant loan claims, A lent KRW 40,000,000 to B, June 14, 2013, and KRW 100,000,000 on September 26, 2013, and KRW 30,000,00 on September 26, 2013, respectively. B repaid KRW 40,000,000 out of the above loan around October 2013, and remaining until now.

(hereinafter “instant loan claim”). C.

B’s property disposal act, etc. 1) B is each real estate listed in the separate sheet (hereinafter “instant real estate”) related to the instant housing development project.

(2) The provisional registration of this case was completed on the above real estate upon the Defendant E’s promise to sell and purchase (hereinafter collectively referred to as “instant provisional registration”).

The main contents are as follows. The reason for the acquisition of ownership in the separate sheet No. B and the reason for the provisional registration of this case at the time of the registration, and the reason for the provisional registration of this case at the time of the registration (land No. 1) as of June 18, 2013; the provisional registration of ownership transfer registration (No. 54048) as of October 22, 2013; the provisional registration of the right to claim ownership transfer on the same day (No. 71491) as of October 13, 2013 due to the pre-sale as of October 22, 2013 (No. 71490); and the pre-sale of ownership transfer registration (No. 71490) 3,55 (No. 713, Nov. 13, 2013) as of September 5, 2013.

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