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(영문) 대구지방법원 2014.08.06 2013가단16692
사해행위취소등
Text

1. The registration of ownership transfer security for each real estate listed in the separate sheet among lawsuits against Defendant A by the Plaintiff.

Reasons

1. Basic facts

A. From March 23, 2010 to June 28, 2010, the Plaintiff supplied Nonparty C (hereinafter “C”) with iron bars equivalent to KRW 117,010,470, but only received KRW 78,317,480 from C, and was unable to receive the remainder of KRW 38,692,990, the Plaintiff filed a lawsuit against C with the Daegu District Court 201Ga24620, Dec. 8, 2011, and the Daegu District Court rendered a final judgment to the effect that “C shall pay to the Plaintiff 38,692,90 won and its amount from June 29, 2010 to March 17, 2011; and that at a rate of KRW 20% per annum.”

B. On the other hand, on September 17, 2010, C entered into a promise to return substitutes (hereinafter “instant reservation”) with regard to each real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant A on September 17, 2010, and completed the provisional registration of transfer of ownership under Defendant A’s name (hereinafter “instant provisional registration”) on September 20, 2010 by the Daegu District Court’s receipt of the registration office of Youngcheon District Court.

C. On February 21, 2011, Defendant A entered into a transfer contract with Defendant B, and completed the registration of transfer of the ownership transfer security under Defendant B’s name (hereinafter “instant supplementary registration”) with the Daegu District Court’s registration office received on March 14, 2011.

C On May 24, 2011, the Plaintiff entered into a contract for the return of the instant real estate (hereinafter “instant contract”) with Defendant B, and completed the registration of ownership transfer under Defendant B’s name (hereinafter “instant registration of ownership transfer”) on June 14, 201 as the receipt of the Yeongdeungpo District Court’s Yeongdeungpo District Court’s receipt of registration office on June 14, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. Determination as to the defendants' defense prior to the merits 1.

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