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(영문) 서울서부지방법원 2018.01.12 2016가단215809
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Korea Technology Credit Guarantee Fund filed a lawsuit against C, D, and B with the Seoul Central District Court Decision 200Da144543, Dec. 15, 200, and became final and conclusive upon winning the lawsuit. For the extension of prescription, the Seoul Central District Court Decision 2010Da505031, May 19, 201; “C, D, and B jointly and severally, 5,026,806 won; 12,338,093 won among them, from October 29, 197 to 40,489,89, and 17% per annum from the following day to February 15, 198; and 20% per annum until October 31, 2005; and 20% per annum from the following day to 20% per annum; and 12,338,93 won per annum.”

B. On July 22, 2011, the Korea Technology Finance Corporation transferred the claim for reimbursement to the Plaintiff, and notified the transfer of the claim to B, etc. at that time.

C. B completed the registration of ownership transfer on October 28, 2013 due to the return of legal reserve of inheritance on May 19, 2010, with respect to the 1/16 shares of each real estate listed in the separate sheet (hereinafter “each of the instant shares”) (hereinafter “each of the instant shares”).

B entered into a sales contract with the Defendant, who is a pro-friendly resident on October 30, 2013 on each of the instant real property, with the Defendant, and completed the registration of transfer of shares on November 4, 2013 as the receipt No. 24034 on November 4, 2013.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2, 3, 4 (including branch numbers), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. If the Plaintiff alleged that the sales contract for each of the instant real estate between B and the Defendant was a fraudulent act, the Defendant filed the instant lawsuit with respect to which the revocation thereof and the cancellation of the ownership transfer registration completed in the future of the Defendant, and the Plaintiff filed the instant lawsuit.

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