(영문) 광주지방법원 2019.05.24 2018가단528617

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(영문) 광주지방법원 2019.05.24 2018가단528617

사해행위취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. As of September 2018, the Plaintiff has the principal and interest on C’s loans of KRW 47,078,282 (total of KRW 14,46,182, including principal, KRW 32,612,100, and overdue interest) (hereinafter “instant preserved claim”).

B. On February 27, 2009, C entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, C received KRW 250,000,000 from the Defendant and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).

C. After September 11, 2014, C completed the registration of ownership transfer based on the provisional registration of this case (hereinafter “instant registration of ownership transfer”) on the ground of sale as of July 15, 2014 with respect to the instant real estate in the future of the Defendant.

On the other hand, on the other hand, on January 28, 2004, the establishment registration of a neighboring mortgage was completed with regard to the instant real estate in the amount of KRW 420,000,000 on the grounds of the termination on December 12, 2014, after the completion of the ownership transfer registration of this case.

[Based on recognition] Gap evidence 2, 3, 5, 6 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion C was insolvent at the time of the registration of ownership transfer, it constitutes a fraudulent act to complete the registration of ownership transfer of this case in the future of the Defendant. Since the existing establishment registration of ownership was cancelled after the completion of the registration of ownership transfer of this case, it is impossible to return the original property. Therefore, in addition, the Defendant is obliged to cancel the sales contract of this case and pay the amount equivalent to the preserved claim of this case to

B. The Defendant’s instant lawsuit was brought after the lapse of the exclusion period of five years as of the time of reservation to trade of the instant case.

유사 판례

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