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(영문) 수원지방법원 2016.04.14 2015가단116755
사해행위취소
Text

1.(a)

On January 29, 2014 between C and Defendant A, one fourth share of the real estate listed in attached Form 1.

Reasons

1. The facts in the separate sheet as to the cause of claim are acknowledged among the Plaintiff and the Defendant in full view of the entries in Gap evidence Nos. 1 through 6 and the purport of the entire pleadings as to the fact-finding on this court (According to the fact-finding results on this court, it is recognized that Eul owned a 132m2 square meters of forest E at the time of disposing real estate listed in the separate sheet No. 1, the time of disposing real estate listed in the separate sheet No. 5 and No. 6. Meanwhile, according to each of the above evidence No. 5 and No. 6, the value based on the officially announced land price of the above forest is less than 40,321,000 won, even if considering the above forest land, it is recognized that C had been in excess of the obligation), and it is deemed that the Plaintiff and Defendant

Therefore, a sales contract concluded between C and Defendant A on January 29, 2014 with respect to one fourth share of the real estate listed in the separate sheet No. 1, and a sales contract concluded between D and Defendant B on February 18, 2014 with respect to 3305 percent share of the real estate listed in the separate sheet No. 2 on February 18, 2014 should be revoked as a fraudulent act against each Plaintiff. As a result, the restoration to the original state, the Defendant A must complete the registration procedure for the entire transfer of shares completed on March 17, 2014 with respect to one fourth share of the real estate listed in the separate sheet No. 1, and the entire registration procedure for share transfer completed on March 18, 2014 with respect to 3305 percent share of the real estate listed in the separate sheet No. 2, which was completed on March 17, 2014.

2. The Defendant A lent KRW 19,700,00 to C around May 10, 2009, but was not repaid. On January 19, 2014, the Defendant A purchased the shares of the real estate listed in the attached Table No. 1, and paid KRW 21,250,000 to C the said loan as the down payment, and additionally paid KRW 21,250,000.

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