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(영문) 부산지방법원 2017.03.31 2016가단325112
사해행위취소
Text

On October 14, 2015, Nonparty D (E) and the Defendants signed on each of the 1/3 shares of the real estate listed in the separate sheet.

Reasons

Facts of recognition

The F details of the previous provisional registration on August 21, 1997: (a) the registration of the right to claim ownership transfer on the basis of the pre-sale of each real estate in the attached list Nos. 1, 2, 4 (as to the entire G field 2969 square meters prior to the subdivision on June 12, 2015) or 7 in the attached list owned by Nonparty D (hereinafter “Nonindicted D”) is completed.

(hereinafter “former provisional registration of this case.” On October 14, 2015, the Nonparty and Defendant C agreed to exchange 471 square meters of the G land owned by the Nonparty prior to the said partition, and 471 square meters of the H land owned by the neighboring Defendant C, as indicated in the separate sheet. The Nonparty completed the registration of ownership transfer on October 22, 2015 with respect to the 3 real estate indicated in the separate sheet.

(B) The Plaintiff’s claim and Nonparty’s financial status of the Plaintiff filed an application for payment order against the Nonparty on April 17, 2013, the payment order was finalized on the following grounds: (a) the Plaintiff’s claim and the Nonparty’s claim against the Nonparty; and (b) the Nonparty’s claim that “the Nonparty would pay to the Plaintiff KRW 295,761,986 and the Nonparty’s delay damages for KRW 68,728,561.”

The instant real estate is the only real estate owned by the Nonparty.

On October 22, 2015, the Defendants’ provisional registration and the previous provisional registration in relation thereto were cancelled on October 21, 2015 due to the cancellation on October 21, 2015. The Defendants completed the registration of the right to claim ownership transfer on October 14, 2015 with respect to each of 1/3 shares of the real estate listed in the separate sheet as the receipt of No. 36983, Oct. 26, 2015 (hereinafter “instant promise to purchase and sell”).

(hereinafter “Provisional Registration of this case”). Defendant A and B are the relatives of the Nonparty, and Defendant C is the F of the previous provisional registration right holder of this case.

The plaintiff's assertion regarding the issue is that the non-party's promise to trade of this case constitutes a speculative act, and the defendant's malicious intent is presumed to be revoked.

The exclusion period of ten years is the right to complete the purchase and sale of the previous provisional registration of this case.

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