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(영문) 서울중앙지방법원 2014.05.14 2012가합90615
사해행위취소
Text

1. The plaintiffs' lawsuits against Defendant C and E are dismissed.

2. The plaintiffs' claims against Defendant D are dismissed.

3...

Reasons

On January 22, 2009, the Seoul Central District Court rendered a judgment ordering F to pay KRW 550,000,000 and its delay damages, which became final and conclusive on February 19, 2009.

On August 26, 2009, Eastern City transferred 379,584,000 won and its delay damages to Plaintiff A, and the remainder of 170,416,000 won and its delay damages to Plaintiff B.

On September 12, 2008, the provisional registration for ownership transfer registration was completed on September 11, 2008 under the name of Defendant E on September 11, 2008 with respect to the real estate on which the ownership transfer registration was completed in the name of F. The provisional registration was completed on September 11, 2008.

On June 8, 2010, the registration of ownership transfer was completed on June 4, 2010 on the apartment of this case under Defendant C’s name, and on June 3, 2010, the registration of ownership transfer was completed on June 4, 2010.

After that, G purchased the above apartment on December 18, 2012 and completed the registration of ownership transfer on December 27, 2012.

【The Plaintiffs’ assertion as to the claim against Defendant D (main claim) as to the evidence Nos. 1 through 4, evidence Nos. 6, evidence Nos. 11, 12, and 13, and evidence Nos. 19, as to the overall purport of the pleadings, is the primary claim of this case. The Plaintiffs asserted that the transfer of KRW 400,000,000 out of the above apartment purchase price claim against Defendant C, which the debtor against the Plaintiffs, in excess of his/her obligation, to Defendant D for the lease of the apartment of this case, constitutes a fraudulent act, and thus, the transfer of KRW 200,000,000, out of the above apartment purchase price claim against the Plaintiffs constitutes a fraudulent act.

Judgment

According to the evidence Nos. 26 and 27, the apartment price of this case between F and Defendant C on June 4, 2010 is 940.

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