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(영문) 인천지방법원 부천지원 2018.10.25 2016가단118952 (1)
사해행위취소
Text

1. The plaintiffs' primary claims are dismissed.

2. The plaintiffs' preliminary claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On March 16, 2016, Plaintiff A filed a lawsuit seeking construction cost of KRW 100,120,000 with the Suwon District Court Branch Branch of 2016da5870, and was sentenced to a favorable judgment on June 24, 2016. Plaintiff A was sentenced to the Seoul High Court Decision 2016Na10522, which was the appellate court.

B. On April 8, 2016, Plaintiff B filed a lawsuit for construction price payment against D and received a settlement recommendation decision including that D pays KRW 41,874,100 to Plaintiff B by October 31, 2016, and the said settlement recommendation decision became final and conclusive around that time.

C. On March 28, 2016, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on the same day based on the purchase and sale reservation (hereinafter “instant promise”) between D and D on March 28, 2016, and completed the ownership transfer registration on June 13, 2016 (hereinafter “instant sales contract”).

[Ground of recognition] The items of evidence Nos. 1, 2, 3-4, 5, and 5, and the purport of the whole pleadings

2. The plaintiffs' primary claim

A. The plaintiffs asserted that D’s conclusion of the instant reservation and sales contract with the Defendant regarding each of the instant real estate constitutes a fraudulent act that causes damage to the plaintiffs’ claims, and thus, D’s promise and sales contract between D and the Defendant should be revoked, and the Defendant’s provisional registration and transfer registration of ownership should be revoked.

As to this, the defendant asserts that D is not in excess of the debt at the time of the promise to sell and purchase this case.

B. Recognizing fact 1D entered into a trade reservation with F on March 28, 2016 on the E-site and its ground buildings in Bupyeong-si, and completed the transfer of ownership on the same day, but is G on April 4, 2016.

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