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(영문) 서울중앙지방법원 2015.09.03 2014가단118985
사해행위취소
Text

1. The purchase and sale reservation entered into on June 4, 2009 between the defendant and the non-party C regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a real estate exchange contract with D on December 11, 1992, and filed a complaint against D as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) if D did not implement the contract.

On November 15, 2001, D and C prepared to the Plaintiff a certificate of payment of KRW 200 million up to January 15, 2002 with respect to the above accusation case.

B. In order for D and C to not pay KRW 200 million by the date of the above agreement, the Plaintiff filed a lawsuit for an agreed amount claim with the court 2010Da36037, Jan. 6, 201, and received a favorable judgment from the above court: “Defendant D and C shall jointly and severally pay to the Plaintiff KRW 200,000,000,000 to January 6, 201; and KRW 5% per annum from April 22, 2010 to January 6, 2011; and KRW 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

C. Meanwhile, C is the Plaintiff.

On June 4, 2009, after preparing and issuing the certificate of payment under this subsection, the Defendant entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with regard to the real estate stated in the attached list (hereinafter “instant real estate share”). B.

On September 8, 201, 201, after losing the lawsuit under paragraph (1), the registration of the provisional registration of the right to claim for share transfer (hereinafter “the provisional registration of this case”) was completed to the Defendant under the Cheongju District Court’s Audio Registry No. 23343. D.

At the time of the reservation and provisional registration of the instant purchase and sale, C owned the instant real estate shares, the value of which is 143,035,560 won, and the amount of which is 16,662,720 won and the real estate shares, the value of which is 16,62,720 won, and thus, C was insolvent in which the total value does not reach the principal

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number), and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the plaintiff's claim on November 15, 2001 against C constitutes the preserved claim against the defendant for revocation of the fraudulent act of this case.

and exceeding obligations.

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