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(영문) 인천지방법원부천지원 2015.07.07 2014가단10528
사해행위취소
Text

The defendant and the non-party B signed on October 14, 2013 with respect to the share of 1/6 of the real estate listed in the attached list.

Reasons

Facts of recognition

The Defendant entered into a sales contract on October 14, 2013 with respect to 1/6 shares of the real estate listed in the separate sheet (hereinafter “instant real estate shares”) (hereinafter “instant real estate shares”) with B (hereinafter “instant real estate shares”).

(hereinafter “instant sales contract”). The Defendant completed the registration of transfer of ownership as the receipt of No. 68851 on October 15, 2013 by the Incheon District Court Branch, Branch Branch, Kimpo-si, Kimpo-si on the grounds of the instant sales contract.

(C) As to the portion of the instant real estate, the provisional seizure by Hyundai Capital Co., Ltd. on September 20, 2012 was executed on April 11, 2013 (hereinafter “instant provisional seizure”) and on April 25, 2013, the National Health Insurance Corporation’s seizure by the National Health Insurance Corporation (hereinafter “Attachment 5”) on April 25, 2013, on the other hand, the ownership of the instant real estate was the only property B, while the debt principal at the time was equivalent to KRW 45,51,692. As to the portion of the instant real estate, the provisional seizure by Hyundai Capital Co., Ltd. was executed on September 20, 2012.

(A) A. On May 2, 2013, the seizure by Kimpo-si (hereinafter “instant seizure”) is deemed to be the seizure by Kimpo-si.

(2) Each of them was completed (hereinafter referred to as the “instant attachment, etc.”).

) The instant order Nos. 3 and 4, etc.: (a) on October 14, 2013; (b) on November 28, 2013, the instant order Nos. 5 was released on November 28, 2013; and (c) on November 22, 2013, the instant order Nos. 6 was released respectively. [Grounds for recognition]; (d) evidence Nos. 1 through 9 (if a number is available, the number is indicated; and (e) on the ground of the overall purport of the pleadings, the act that the obligor sells real estate, which is the sole property of his/her own, and alters the sale of real estate, into money, which is readily usable for the legitimate repayment of some creditors.

Unless there are special circumstances, the debtor's intention of deception is presumed to be a fraudulent act against the creditor at all times, and there was no beneficiary who purchased it in bad faith.

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