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(영문) 부산지방법원 2015.05.29 2014가단53888
가등기말소 등
Text

1.(a)

Attached Form

With respect to each real estate listed in the list, the general construction company and the defendant on July 7, 2008.

Reasons

1. Facts of recognition;

A. On July 29, 2005 and September 7, 2005, the Plaintiff invested money in relation to the land development project in Yangyang-si, which was promoted by C, to receive KRW 382,50,000 from Suwon-si Construction and C.

B. However, the Plaintiff filed a lawsuit claiming the payment of the principal construction and the joint and several liability D with respect to the principal construction and the principal construction and the principal construction and C, and the principal construction and the joint and several liability D.

In the foregoing case, the Defendants jointly and severally rendered a favorable judgment (Seoul District Court Decision 2012Da10983 Decided October 10, 2012) that stated that the Plaintiff shall pay KRW 382,50,000,00 and the delay damages therefor shall be paid jointly to the Plaintiff, and the judgment became final and conclusive as is.

C. On July 7, 2008, the Busan District Court Yangsan registry office No. 38805 on July 8, 2008, as to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) completed the registration of the right to claim ownership transfer on the ground of the pre-sale agreement as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

After that, the construction of the Nansan District Court was completed on July 3, 2009 by the receipt of No. 30192 of the record on July 3, 2009 on each of the above real estates to the defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 3 (including branch numbers for those with a satisfy number), the purport of whole pleadings

2. Determination

A. Examining the facts of recognition, the entry of each evidence submitted by the Plaintiff and the Defendant, and the purport of the entire pleadings, it constitutes a fraudulent act that causes damage to the general creditors of the construction by entering into a trade reservation and a sales contract as seen earlier with the Defendant with respect to each of the instant real estate, and accordingly completing the provisional registration of ownership transfer claim and the registration of ownership transfer, etc., as seen earlier, and that such comprehensive construction constitutes a fraudulent act that causes damage to the general creditors of the comprehensive construction.

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