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(영문) 광주지방법원 2014.09.17 2014나50537
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C claiming a loan with the Gwangju District Court Decision 2012Da502514, Aug. 17, 2012, stating that “C shall pay to the Plaintiff 5% per annum from May 1, 2008 to April 2, 2012, and from the next day to the day of full payment, the amount of the loan shall be 25 million won and the due date shall be 20% per annum from April 30, 2008” (hereinafter the relevant judgment of this case). The above judgment became final and conclusive on August 17, 2012.

B. On January 10, 2008, the instant sales contract C entered into a sales contract (hereinafter “instant sales contract”) with the Defendant as to each real estate listed in the separate sheet (i.e., the change of the administrative district from Gwangjin-gu to Oct. 4, 201; hereinafter the same shall apply). On January 30, 208, the registration of the transfer of ownership was completed to the Defendant under Article 18237 of the Gwangju District Court for the reason of the instant sales contract.

(c) C’s property status 1) Of the three-story sections of 101 through 103, 105 through 108, 201 through 203, 205 through 208, 301 through 303, 305 through 303, and 305 through 308, among the three-story sections of the Dong-gu, Gwangju, Dong-gu, 268 square meters of land (hereinafter “each studio of this case”).

On September 20, 2003, the registration of ownership transfer was completed as of October 2003 by the Gwangju District Court No. 14703, Oct. 203, 2003. As to each of the of the of the of the of the of the of the of the of this case, the registration of the voluntary decision on commencing auction was completed on July 9, 2007 on the ground of the F decision by the Gwangju District Court. On April 1, 2008, the registration of the voluntary decision on commencing auction was completed on April 1, 2008 on each of the of the of the of the of the of the of the of the of the of the above common rooms of this case, the registration of ownership transfer was completed on the ground of the sale due to the above voluntary auction. 2) The right to collateral security was established in the name of the National Bank Co.

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