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(영문) 서울북부지방법원 2014.03.21 2013가단108836
사해행위취소
Text

1. A sales contract concluded between the Defendant and C on September 16, 2013 regarding each real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. Establishment of a fraudulent act;

A. Basic facts (1) The plaintiff filed a lawsuit against Suwon District Court for the claim for promissory notes amounting to the Sung-nam Branch of 2006Kadan43193, Nov. 28, 2006, which stated that "the defendant shall pay to the plaintiff 97,925,030 won and the amount at the rate of 20% per annum from September 25, 2006 to the date of full payment." The above judgment became final and conclusive around that time.

(2) On September 16, 2013, C concluded a sales contract with respect to each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”) indicated in the separate sheet (hereinafter “each of the instant real estate”) that was the only property between D and the Defendant, the representative director of which, as of September 16, 2013, purchased-price 35,000,000, the date of payment of purchase price, the date of delivery of documents for transfer of ownership, and the date of delivery of each of the instant real estate as of September 16, 2013 (hereinafter “each of the instant real estate”).

(3) On September 25, 2013, C completed the registration of ownership transfer with respect to each of the instant real estate from E on the grounds of sale and purchase on May 17, 2013, and thereafter completed the registration of ownership transfer with respect to each of the instant real estate again on the same day, the registration was completed under the name of the Defendant (hereinafter “each of the instant real estate transfer”) under the name of Gwangju District Court as the receipt No. 39893 on September 25, 2013.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 4 (including each number), the purport of the whole pleadings

B. Since the Plaintiff’s claim against C of this case was established prior to each sale of this case, the obligee’s right of revocation becomes a preserved claim.

It causes a decrease in the debtor's whole property, that is, the debtor's property is reduced by the debtor's disposal of property.

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