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(영문) 의정부지방법원고양지원 2016.06.29 2014가합6404
사해행위에의한등기취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 7, 2013, the Plaintiff entered into a construction contract with B to supply and demand construction cost of KRW 8,500,625,00 (including value-added tax). On March 31, 2014, the Plaintiff entered into a construction contract with B to supply and demand the interior construction cost of KRW 1,014,70,00 (excluding value-added tax) among the instant buildings. (2) On May 28, 2014, the Plaintiff filed an application for completion inspection on each of the instant construction works and received approval for use of the instant building on June 13, 2014, from September 16, 2013 to August 8, 2014, the Plaintiff received KRW 5,40,786,00 in total from B to August 2, 2014.

B. B’s disposal act on June 20, 2014, completed the registration of ownership preservation with respect to each section of exclusive ownership of the instant building on the same day, and completed the registration of ownership transfer with respect to the instant commercial building on June 13, 2014 to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4-1, Gap evidence 1, 2-2, Gap evidence 10-11, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff claims the remainder of the construction cost of KRW 3,429,633,429, excluding the portion without any claim or collection right due to the transfer of claims, the seizure of claims, the collection order, etc. among the remainder of the construction cost claims against the Plaintiff B. Since, in collusion with the Defendant, who is the managing director of the Plaintiff B, sold the appraised amount of KRW 3,083,200 and KRW 304, which was remarkably low in the appraised amount of KRW 305 and KRW 304, which was concluded between B and the Defendant, or caused the Plaintiff’s interest by concluding a false sales contract, the sales contract of the instant commercial building concluded between B and the Defendant shall be revoked as a fraudulent act. The contract shall be restored to its original state; the Defendant shall perform the procedure for cancelling the registration of the transfer of ownership as to the original property return; and since the registration of the ownership transfer was completed after the ownership transfer registration with respect to subparagraph 305, the value compensation shall be 2,80

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