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(영문) 창원지방법원 마산지원 2018.02.07 2016가단104398
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2014, the Defendant completed the registration of transfer of ownership based on the purchase and sale on April 14, 2014 (hereinafter “instant sales contract”). On April 21, 2014, the Defendant completed the provisional registration of the right to claim transfer of ownership on the real estate listed in paragraph (3) of [Attachment List C (hereinafter “instant three real estate”) owned by C (hereinafter “instant pre-sale”) on April 21, 2014, and completed the registration of transfer of ownership based on the instant provisional registration on July 31, 2015, for the instant three real estate on May 4, 2015.

(A) Evidence Nos. 4-1 to 3). (b)

On March 30, 207, with respect to the instant real estate 1 through 3, the establishment registration was completed under the name of the debtor C, the maximum debt amount of KRW 100 million, but all the grounds for termination on August 6, 2015 were cancelled on August 6, 2015. On April 8, 2014, with respect to the instant real estate 1 and 3, the registration of creation of a mortgage, which was completed under the name of the debtor C, the maximum debt amount of KRW 70 million, was revoked on August 12, 2015.

(A) Evidence No. 4-1 to 3). (c)

On May 1, 2014, the Defendant, on behalf of C, completed on behalf of C the registration of creation of a neighboring mortgage with the debtor C and the maximum debt amount of KRW 200 million as to the portion of 790/1,254 out of the real estate listed in paragraph 4 of the attached Table owned by C (hereinafter “instant 4 real estate”).

(A) No. 1, d.

On October 10, 205, the Plaintiff and C completed the registration of ownership transfer with respect to 1/2 shares of each of the real estate listed in paragraphs 5 and 6 of [Attachment List 5] (hereinafter “instant 5 and 6 real estate”), and the Plaintiff and Nonparty E completed the registration of ownership transfer with respect to 1/2 shares of each of the real estate listed in paragraph 7 of [Attachment List 7] on December 2, 2005 (hereinafter “instant 7 real estate”), and the registration of ownership transfer with the name of Nonparty F on May 7, 2014.

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