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(영문) 울산지방법원 2015.09.15 2015가단3159
사해행위취소
Text

1. The sales contract concluded on January 20, 2012 between the Defendant and C is KRW 44,236,94.

Reasons

1. Basic facts

A. C agreed to pay to the Plaintiff the construction cost of KRW 29,325,290 for a construction contract concluded on May 2010, which was not paid to the Plaintiff by December 2, 2012.

C Around December 2012, the Plaintiff filed an application for a payment order with the Ulsan District Court (2012j5811) against C, and this payment order became final and conclusive after this order was issued.

The amount of claims against the Plaintiff C as of August 18, 2015 is KRW 44,236,994.

B. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer in the Defendant’s name (hereinafter “instant provisional registration”) was completed on June 2, 201 by the Ulsan District Court No. 55219, Jun. 2, 201 as to the real estate owned by C (hereinafter “instant real estate”). The registration of ownership transfer (hereinafter “instant transfer registration”) was completed on the grounds of the instant promise to sell and purchase the same day (hereinafter “instant promise”). The registration of ownership transfer in the Defendant’s name was completed on March 15, 2012 by the Ulsan District Court No. 27261, Mar. 15, 2012, No. 27261, Jan. 20, 2012 (hereinafter “instant sales contract”).

C. On April 19, 201, the instant real estate had been revoked on June 3, 201, when the registration of the decision to commence compulsory auction applied by creditors D was completed. D.

Of the instant real property

2. The following registration of the establishment of chonsegwon has been completed as to the building:

(1) From January 12, 201, KRW 55,00,00 for lease money: (2) 202; (3) 30,000,000 for lease money on January 12, 201; and (3) 85,000,000 for lease money on May 1, 2012; and (4) 102 for cancellation of lease money on February 25, 2012; and (57,000 for lease money on March 12, 201; and (57,00,000 for lease money on March 3, 201; (5) 60,000 for lease money on March 6, 201; and (6) 10,00 for lease money on a deposit basis; (3) 302,00 for lease money on a deposit basis; and

E. On January 20, 2012, the price of the instant real estate is KRW 534,013,500 in total.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Eul evidence 12-1, 2-2, and the result of the request for appraisal by the market price of this court, and all pleadings.

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