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(영문) 서울서부지방법원 2016.07.15 2016나31118
사해행위취소
Text

1. The defendant's appeal against the plaintiffs is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. On March 10, 201, Plaintiff B entered into a lease agreement on the portion indicated by 601 among the real estate listed in the separate sheet (the ownership of the site and building is different; hereinafter “instant building”) between E and E, who was the owner and the lessor on March 10, 201. On April 17, 2012, Plaintiff B completed the lease agreement on May 4, 2012 pursuant to the Seoul Western District Court Order 2012Kagi527, the registration of housing lease ( deposit KRW 40 million, rent is nonexistent), and the inside portion indicated by drawings is 1:20 square meters of the date of the contract, March 10, 201, the date of the resident registration, the date of occupation, and the date of the confirmation of the occupancy, March 16, 2011).

B. On March 13, 2011, Plaintiff A entered into a lease agreement on the part indicated as 402 among the instant buildings with the foregoing E, and completed May 11, 2012 under the order of lease registration on April 24, 2012, the Seoul Western District Court Decision 2012Ka625, Seoul Western District Court Decision 201Ka625, May 24, 2012, Plaintiff A completed a lease agreement on the part indicated as 402 of the instant building.

C. On August 22, 2011, the procedure for compulsory auction (hereinafter “instant auction procedure”) was initiated by the Seoul Western District Court H District Court due to an application filed by creditors (Leases) G on August 22, 201. On July 29, 2013, D Co., Ltd. (hereinafter “D”) received a successful bid and paid the successful bid price of KRW 183,860,000, and completed the registration of ownership transfer on August 12, 2013.

On September 15, 2014, the Defendant completed the provisional registration of the right to claim ownership transfer registration (hereinafter “provisional registration of this case”) on September 18, 2014 with respect to the instant building as the grounds for registration under the contract for purchase and sale reservation (hereinafter “instant purchase reservation contract”) entered into with D on September 15, 2014.

E. In the instant auction procedure, the Plaintiff A filed a report on the right to lease deposit amounting to KRW 40 million on September 21, 201, and filed an application for demand for distribution.

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