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(영문) 인천지방법원 2019.02.14 2017가단225717
사해행위취소
Text

1. The defendant is based on the restoration of real name with respect to each real estate listed in the separate sheet No. 1 list to Nonparty C (D).

Reasons

1. Basic facts

A. The Plaintiff is the manager of the aggregate building A located on the ground of Bupyeong-gu Incheon Metropolitan Government (hereinafter “instant building”).

Of the instant building, Nonparty C was the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). Nonparty C operated a golf practice range with the trade name “F” from the instant real estate.

On the other hand, from January 5, 2016, the Defendant, as C, operated a golf range with the trade name “G” in the instant real estate from around January 5, 2016. On September 30, 2016, the registration of ownership transfer (hereinafter “instant transfer registration”) was completed in the Defendant’s future on the ground of the sales contract (hereinafter “instant sales contract”) as of August 19, 2016, based on the receipt of the registration office of the Incheon District Court from September 30, 2016 to the registration office of the Incheon District Court for the instant real estate.

B. From March 18, 2010 to May 2014, C failed to pay management expenses from the management expenses of the instant real estate. The Plaintiff filed a lawsuit against C for the payment of management expenses (In Incheon District Court 2014Da30758), and the judgment ordering C to pay some of the management expenses, which offsets the remainder of 33,503,114 won, and its delay damages, was sentenced on January 20, 2016. The judgment ordering C to pay the principal and its delay damages (which was recognized differently from the judgment of the first instance court, the base date) was sentenced on August 18, 2016, and C’s final appeal was affirmed on December 15, 2016.

(C) Around December 9, 2015, Nonparty 1, the lessee of the instant real estate, failed to pay management expenses from May 2014 to November 23, 2015, and Nonparty 1, the husband of Nonparty 1, the husband of Nonparty 1, the Plaintiff, up to May 30, 2016, prepared and issued a letter of performance to the effect that the Plaintiff would pay KRW 17,183,090 for the unpaid management expenses of H, and that the same shall also apply.

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