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(영문) 서울고등법원 2016.04.22 2015나2047202
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On July 3, 2012, B Co., Ltd. (hereinafter “B”) sold to the Defendant a share of 9344/11405 square meters of C Forest land (hereinafter “instant real estate”) among the 11405 square meters of forest land in Pakistan, and completed the registration of ownership transfer on July 4, 2012 as the registration office of the Goyang-gu District District Court’s Goyang-dong Branch Branch Office of 50063.

【Ground for recognition】An absence of dispute, and description of Gap’s No. 3

2. The party's assertion and judgment

A. A. A summary of the Plaintiff’s assertion 1) The Plaintiff lent to B the sum of KRW 100 million on August 3, 2007, KRW 50 million on September 7, 2007, KRW 210 million on September 2007, KRW 200 million on and around September 2007. However, B sold the instant real estate, which is the only property of the Defendant on July 3, 2012, while excess of the obligation.

(3) The instant sales contract constitutes a fraudulent act against the Plaintiff, who is a creditor of B, and the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration that completed with respect to the instant real estate in B due to its restitution to its original state. (B) First of all, we examine whether there exists “a preserved bond against the Plaintiff’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s claim against B

In full view of the purport of the entire pleadings, as a whole, D, the representative director of B, indicated the loan certificate of KRW 100 million on August 3, 2007 in “B representative director D” as “B representative director D,” and issued and delivered B’s corporate seal impressions after affixing the receipt of KRW 50 million on September 7, 2007 as “B representative director D,” and the receipt of KRW 60 million as “B representative director D,” and around September 2007, it can be acknowledged that the receipt of KRW 60 million as “B representative director D,” indicated in “B representative director D” as “B representative director D,” and issued and delivered the receipt. However, the above facts are acknowledged.

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