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(영문) 인천지방법원 2016.02.04 2014가합59374
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a sales contract between the Plaintiff and C with the content that the Plaintiff would purchase KRW 11,539 square meters of D orchard and KRW 15,492 square meters of the same Ri (hereinafter “ri”) E-U.S. owned by C around 201, with the content that the Plaintiff would purchase KRW 16,541 square meters of the total size of six lots of forests and fields for KRW 33,083 square meters of the total size of 6th 33,083 square meters of the land (hereinafter “the instant sales contract”) at KRW 370,000,000 won of the price (hereinafter “instant land”).

(2) On March 29, 2012, C concluded a registration of ownership transfer with respect to the land of 6,880 square meters and E, which is 6,462 square meters and 4,462 square meters among the above D land, with the representative director, C completed the registration of ownership transfer with respect to the land of 11,342 square meters among 16,541 square meters and 16,541 square meters of the above six land. However, C did not complete the registration of ownership transfer with respect to the remaining 5,199 square meters of land (hereinafter “the remaining land”).

B. On October 29, 2013, when C had not completed the registration of ownership transfer with respect to the remaining land of this case, C entered into a sales contract for the apartment of this case owned by itself with the Defendant, his/her father, around October 29, 2013 (hereinafter “instant apartment sales contract”), and completed the registration of ownership transfer under the name of the Defendant (hereinafter “instant registration of ownership transfer”) on November 4, 2013 with respect to the instant apartment as the receipt of the Dongcheon District Court’s Dongcheon District Court’s receipt of the instant apartment sales contract under Article 47515 (hereinafter “instant apartment sales contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. According to the sales contract of the instant land, the purchase price of KRW 370 million is KRW 370,000,000, or the Plaintiff agreed to jointly construct a factory building on the said six parcel of land with K, which is a fraud between C and C, and to jointly operate a sales business, and then the said investment price is KRW 67,000.

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