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(영문) 서울중앙지방법원 2015.07.02 2014가단96023
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On December 1, 2009, the Plaintiff completed the provisional registration of the right to claim ownership transfer on December 10, 2009 with respect to the real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”).

B. Defendant B filed a lawsuit against the Plaintiff seeking cancellation of the above provisional registration with the Jeju District Court (the Jeju District Court 2012Kadan13292), and on June 18, 2013, the conciliation between the Plaintiff and the Defendant B was concluded with the following content.

(1) A takes over the procedure for the registration of ownership transfer on the instant real estate from B to September 30, 2013 on the ground of sale and purchase as of June 18, 2013, and takes over the secured obligation of the right to collateral security (the maximum claim amount of KRW 130 million,000,000, and the secured obligation of the right to collateral security (the private credit union of the mortgagee) established on the said real estate.

(2) If A fails to perform the procedure for accepting the ownership described in paragraph (1) by September 30, 2013, A shall implement the procedure for registering the cancellation of the provisional registration of the right to claim ownership transfer in the name of A with respect to the instant real estate so that B may sell the instant real estate.

B shall sell the instant real estate and pay A the remainder of the money excluding the sale cost and the secured debt of the said collateral security in the purchase price.

C. By September 30, 2013, the Plaintiff was unable to take over the secured obligation under the procedure for ownership transfer registration and the right to collateral security (right to collateral security) pursuant to the above adjustment, and the provisional registration of the Plaintiff’s right to claim ownership transfer was cancelled on October 29, 2013.

On January 2, 2014, Defendant B sold the instant real estate to Defendant C in KRW 90,000,000, and on the same day, the registration of ownership transfer was completed in Defendant C’s name.

[Ground for Recognition: Facts without dispute, entry of Gap 1 and 3]

2. Determination

A. In light of the purport of the Plaintiff’s assertion, the Plaintiff did not acquire ownership of the instant real estate and cancelled the provisional registration of the Plaintiff’s right to claim ownership transfer under the name of the Plaintiff, the Defendant B was good.

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