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(영문) 광주지방법원 해남지원 2017.02.16 2016가단1820
사해행위취소
Text

1. On April 29, 2015, the sales contract concluded between the Defendant and B with respect to the land size of 27,663 square meters in Donam-gun, Jeonnam-do.

2...

Reasons

1. In full view of the following facts: (a) revocation of fraudulent act; (b) evidence Nos. 1 and 4; (c) evidence Nos. 1 and 2; (d) evidence Nos. 3; and (c) fact-finding with the Court Administration Office of this Court’s fact-finding with respect to the real estate No. 1 and 3; (b) as a result of this Court’s order to submit financial information; and (c) as a result of the entire pleadings, B took out a loan from the Plaintiff on August 30, 2012 to August 30, 2013; and (c) the interest rate was extended to August 30, 2015 after the due date was determined to be in accordance with the internal standard interest rate; (d) B purchased real estate No. 1 (hereinafter “instant land”); and (e) B completed the registration of transfer of ownership with respect to the real estate No. 1) owned by the Defendant on April 29, 2015; and (e) B did not have any other property than KRW 20 million.

According to these factual relations, the Plaintiff’s claim for the return of loans against B may be the right to be preserved for the right to revoke the fraudulent act, and as a matter of principle, the act of converting the land of this case, which is the only property of the Plaintiff, into money that would be readily consumed by selling it to the Defendant who is a relative under the status that the small property exceeds active property, constitutes a fraudulent act. The intention

Therefore, barring any special circumstance, the sales contract between B and the Defendant constitutes a fraudulent act, and thus, it should be revoked by the Plaintiff’s exercise of the Plaintiff’s right of revocation. The Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer to B, which completed with respect

2. The judgment on the Defendant’s assertion is as follows: (a) the Defendant shall be equal to or less than 18,812 square meters of land C in Dondo-gun, Jeonnam-do, Jeonnam-do, which was owned in the vicinity of

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