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(영문) 부산지방법원 2018.11.29 2017가단338597
사해행위취소
Text

1.(a)

A sales contract concluded on July 7, 2017 between the defendant and C with respect to the real estate listed in the attached list 1.

Reasons

1. Facts of recognition;

A. On November 30, 2016, the Plaintiff filed a lawsuit seeking distribution amounting to KRW 40 million and delay damages with the Busan District Court Decision 2016Da65373, the Defendant, and filed a lawsuit claiming distribution amounting to KRW 40 million.

On April 27, 2017, the court rendered a favorable judgment against the Plaintiff (A) on the following: “The Defendant (C) rendered a favorable judgment against the Plaintiff (A) on the following: 5% per annum from December 13, 2016 to April 27, 2017; and 15% per annum from the next day to the date of full payment.” The judgment became final and conclusive around that time.

B. On July 7, 2017, C completed the registration procedure for transfer of ownership in the Defendant’s future, as described in the Disposition on the grounds of sale on the same day with respect to the real estate listed in the Attached List 1 (hereinafter “instant apartment”).

(hereinafter referred to as “instant sales contract”).

C is the owner of 10/323 of the real estate listed in the attached Table 2 (hereinafter referred to as the "land of this case").

C On December 4, 2017, with respect to the above shares of the land in this case, the same month.

1. The registration of the right to claim transfer of ownership was completed in the defendant's future as stated in the text on the grounds of trade reservation;

(hereinafter referred to as “instant trade reservation”).

The apartment and land of this case are the only property of C, and there is no other property.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination as to the claim

A. According to the facts of recognition of preserved claims, fraudulent act, and intent to commit suicide, the above judgment against C is a preserved claim seeking revocation of the fraudulent act.

In a fraudulent act, it means that it causes a decrease in the debtor's whole property, i.e., a decrease in assets by the debtor's act of disposing of the debtor's property, making it impossible for C to fully satisfy the creditor's claims due to the shortage of joint security of claims or the lack of joint security already in a shortage. It means that C sells the apartment house and land in its name to the defendant.

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