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(영문) 제주지방법원 2020.06.10 2019나13148
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The court's explanation of this case is as follows, except for the dismissal of part of the reasoning of the judgment of the court of first instance and a new part of the reasoning of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added after the fourth or sixthth sentence of the first instance court.

【Defendant asserts that: (a) even if the Defendant completed provisional registration of each of the instant real estate, the above provisional registration does not mean the disposal of the complete property; (b) the priority preservation effect is only effective; and (c) at the time of the provisional registration of this case, C owns other real estate; and (d) on May 7, 2012, at the time of the provisional registration of this case, the Plaintiff was in the state of securing a security by being issued with a sale contract form for K-C-AC-O on the land outside J and two parcels of land at the time of proposal as a security for a loan from C; and (e) as at the time of completion of the provisional registration of this case, the Plaintiff’s monetary claim against C did not need to be preserved, and thus, it cannot be deemed that the Plaintiff satisfied the obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligation to preserve ownership in the name of a third party. Therefore, it is practically impossible to repay the above provisional registration through compulsory execution.

In addition, as the exercise of creditor's subrogation right, the creditor claims.

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