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(영문) 서울서부지방법원 2017.04.21 2016가단218891
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an incorporated association formed by persons with disabilities with disabilities in traffic accidents for the purpose of rehabilitation projects for persons with disabilities with disabilities in traffic accidents.

Nonparty C is a person who was in general control over the Plaintiff’s duties from around 1990 to July 2009, before the Plaintiff obtained corporate authorization.

B. On November 13, 2006, the Plaintiff acquired ownership by winning a successful bid in the auction procedure with the land and above ground buildings located in Jincheon-gun, Jincheon-gun, Jincheon-gun, and acquired ownership in full. On January 9, 2008, the title of the above real estate was transferred to FMo-friendly G, who was the head of the Plaintiff’s general office.

C. After that, C continued to keep the registration of ownership-related documents, such as the certificate of completion of the registration on the above real estate, on May 14, 201, sold the instant real estate to H with the price of KRW 460 million and transferred the registration of ownership transfer on the 18th day of the same month.

In around 2013, the prosecutor of the Seoul Southern District Prosecutors' Office charged C and F with the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name.

On February 14, 2014, “C and F have registered the title trust of the said real estate owned by the Plaintiff in the name of G, and sold the said real estate to H at will on May 201 and embezzled the said real estate in the course of business by arbitrarily using the proceeds thereof (hereinafter “instant embezzlement act”),” which was convicted of the crime (one year and six months of imprisonment, and one year of imprisonment, and two years of suspended execution) (Seoul Southern District Court Decision 2013Da2212), and the said judgment became final and conclusive through the second instance court (Seoul Southern District Court Decision 2014No338) and the third instance court (Supreme Court Decision 2014Do8579).

(hereinafter referred to as “pre-trial case”). (e)

On the other hand, on July 18, 2013, C entered into a sales contract with the Defendant for the forest land D in the name of Namyang-si (hereinafter “instant land”) and the Defendant as of August 6, 2013.

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