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(영문) 광주지방법원목포지원 2020.01.08 2019가단1143
사해행위취소
Text

1. Preliminary purchase and sale reservations concluded on September 12, 2016 with regard to real estate listed in the separate sheet between the defendant and E, and February 27, 2019.

Reasons

1. Basic facts

A. On April 16, 2013, F Co., Ltd. loaned KRW 24 million to E, and KRW 11 million on April 21, 2015, respectively. On June 16, 2017, F transferred to the Plaintiff each remaining loan claim and its delay damages claim (hereinafter “instant preserved claim”).

B. On November 24, 2017, the Plaintiff filed a lawsuit against E with the Jeonju District Court 2017 Ghana48634, and ordered the Plaintiff to pay the amount calculated at the rate of 15% per annum from November 11, 2017 to the date of full payment, with respect to KRW 27,338,749 and KRW 21,65,166 among them.

C. On September 12, 2016, E entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant pre-sale agreement”). On September 13, 2016, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) with regard to the instant pre-sale agreement, which was received on September 13, 2016, as the receipt of the instant pre-sale agreement, as the grounds for registration.

On July 4, 2018, upon the application of G Co., Ltd., the right to claim cancellation of the provisional registration of this case, the provisional registration of this case was completed on July 4, 2018, and G filed a lawsuit against the Defendant seeking cancellation of the fraudulent act under Seoul Northern District Court Decision 2018Da123175, but the Defendant received KRW 3 million from the Defendant on January 18, 2019, and withdrawn the lawsuit seeking cancellation of the said fraudulent act.

The registration of provisional disposition was cancelled on January 23, 2019 due to the cancellation.

E. On the basis of the instant provisional registration, the Defendant completed the registration of ownership transfer (hereinafter “instant transfer registration”) on March 6, 2019 as the receipt No. 7936, Mar. 6, 2019 on the ground of sale (hereinafter “the instant sale”) on February 27, 2019.

F. The Plaintiff, while continuing the instant lawsuit, was around August 8, 2019.

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