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(영문) 춘천지방법원원주지원 2019.11.14 2018가단307562
사해행위취소
Text

1. The purport of the claim on January 16, 2015 concerning real estate stated in the separate sheet concluded between Nonparty C and the Defendant on February 27, 2015.

Reasons

1. Facts of recognition as the basis;

A. The Plaintiff filed a claim for reimbursement against Nonparty D and C by this Court No. 2013 Ghana9030, and filed a lawsuit on December 17, 2013, with the Plaintiff on December 17, 2013:

A. The amount calculated by Defendant D’s 50,750,810 won and 45,046,00 won among them shall be 15% per annum from September 18, 2013 to November 1, 2013; and 20% per annum from the following day to the date of full payment;

B. Defendant C does not exceed 67,569,000 won jointly and severally with Defendant D.

each payment of the money set forth in subsection (1).

The judgment in favor of the Plaintiff was rendered, and the above judgment became final and conclusive around that time. B. The Plaintiff’s claim against D pursuant to the judgment in paragraph (a) (hereinafter “instant claim”).

(C) As of October 22, 2018, the amount is KRW 82,251,231, including accrued interest, delay damages, etc. as at KRW 45,046,00 of the principal and KRW 45,00. C. The building listed in the separate sheet (hereinafter “instant building”).

(C) A newly constructed the building at its own expense and effort and completed the registration of ownership preservation as of February 27, 2015 by the Chuncheon District Court’s Crossing registry office (hereinafter “Ukcheon District Court”). C immediately after the same day, as of January 16, 2015, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the same registry office No. 3782 on the same day.

(2) The registration of ownership transfer on the ground of the foregoing paragraph (hereinafter referred to as the “instant transfer”).

D. Around January 16, 2015, the market price of the instant building is at least 80,000,000 won. [Grounds for recognition] The fact that there is no dispute, Gap 1, 2, and Eul 13 evidence (including those with serial numbers), the same as those of the witness C, the witness’s witness’s testimony, and the purport of the whole pleadings.

2. Determination

A. According to each of the facts found above, the Plaintiff had already been holding the instant claim that was final and conclusive by the debtor C before January 16, 2015, which was the date of the instant sales contract, and thus, it constitutes a preserved claim in exercising the right of revocation on the instant sales contract.

(b).

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