logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.15 2014나13133
사해행위취소
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s restitution claim 1) The Plaintiff and C filed a lawsuit for divorce, etc. against C on January 29, 2010 due to the failure of marriage between C and C on July 13, 2009. (2) The Plaintiff filed a lawsuit for divorce, etc. on January 29, 2010. On January 11, 2013, the Incheon District Court sentenced C to the effect that “The Plaintiff and C are divorced.” The Plaintiff shall be restitution to the original state, ① KRW 80,000,000 as the Plaintiff’s restitution to the original state, and the damages for delay calculated at the rate of 5% per annum from February 1, 2010 to January 11, 2013, calculated at the rate of 20% per annum from the next day to the date of full payment, and ② the Plaintiff’s implementation of the procedure for cancelling the ownership transfer registration by way of the Plaintiff’s cancellation of the ownership transfer registration by way of the forests and fields D 1,983 square meters (hereinafter “D”).”

[3] Both the Plaintiff and C filed all appeals in the instant judgment: (a) the Seoul High Court dismissed both appeals on December 12, 2013 (the principal lawsuit, 2013Red81, 2013Red898 (Counterclaim)); and (b) the Supreme Court dismissed the appeal on May 15, 2014 (the principal lawsuit, 2014Meu688, 2014Meu695 (Counterclaim)); and (c) the instant judgment became final and conclusive on May 20, 2014.

B. C’s act of disposing of property 1) The real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On January 12, 2012, C had completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) on the following grounds: (a) on the original property owned C; and (b) on April 1, 201, the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) was completed for the Defendant on January 12, 201.

3) At the time of January 12, 2012, which is the date of the instant promise to sell and purchase, C is a D forest and forest and a F forest and forest and forest and 18,843 square meters in Jung-Eup at the time other than the instant real estate (hereinafter “F forest”)

the Court held that the company owns the company.

However, with respect to D forest land, the Plaintiff on January 11, 2013.

arrow