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(영문) 창원지방법원 거창지원 2018.07.17 2018가단553
사해행위취소
Text

1.(a)

The purchase and sale reservation entered into on July 19, 2017 with respect to each real estate listed in the separate sheet between the defendant and B.

Reasons

1. A claim indication B was liable to pay 70,494,089 won and damages for delay due to nonperformance of contract by the bankruptcy trustee against the bankrupt. On January 15, 2008, the Plaintiff acquired the above claim from the bankruptcy trustee against the bankrupt, and completed the notification of the assignment of claim to B.

B submitted each real estate listed in the separate sheet to the above court on June 26, 2017 according to the Ulsan District Court's 2017Kao1057 decision, but on July 19, 2017, when there was no specific property other than the above real estate, it made a false promise to sell and purchase in collusion with the defendant and caused a bad condition of insolvency by completing the registration of the source of the claim for transfer registration of ownership as stated in paragraph (1) of the claim on July 25, 2017. The above promise to sell and purchase should be revoked as a fraudulent act, and since the defendant's bad faith is presumed, the defendant is obligated to implement the procedure for cancellation registration of the above provisional registration of ownership transfer claim.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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