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(영문) 대전지방법원천안지원 2016.11.23 2015가단18196
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against C against the Plaintiff filed an application with C for a payment order claiming payment of KRW 130 million and delay damages therefor, pursuant to the agreement made on January 20, 2005, and on November 12, 2014, “C shall pay to the Plaintiff KRW 130 million with 5% per annum from January 1, 2006 to the date of delivery of the payment order, and 20% per annum from the following day to the date of full payment” was issued, and the payment order was finalized on December 4, 2014.

(Seoul Central District Court 2014 tea58927).(b)

1) A title trust agreement and the registration of establishment of the first place of the first place of the establishment of a mortgage 1) C is each real estate listed in the separate sheet from D on July 23, 2004 (hereinafter “each real estate of this case”).

(2) On July 22, 2005, the Defendant concluded an agreement with E to name trust the ownership of each of the instant real property in title, and completed the registration of establishment of a mortgage under the name of E as of August 30, 2004, which was received on August 30, 2004 by the Daejeon District Court Branch of Daejeon District Court. (2) On July 22, 2005, the Defendant completed the registration of establishment of a mortgage on each of the instant real property and the instant real property in the name of Dong-gu G and H (hereinafter “joint-mortgage land”) with respect to each of the instant real property and the instant land in the name of Dong-gu, Dong-gu and Y (hereinafter “joint-mortgage land”).

(hereinafter referred to as “the establishment registration of the first place of establishment”).

(1) On March 7, 2012, E filed a lawsuit against the Defendant for the cancellation of the registration of creation of the first neighboring mortgage and the ownership dispute 1) asserting that the registration of establishment of the first neighboring real estate was completed without title as to each of the instant real estate. On July 26, 2012, E was rendered a favorable judgment and the judgment became final and conclusive around that time. On September 12, 2012, E revoked the registration of establishment of the first neighboring real estate pursuant to the foregoing judgment. (2) On November 8, 2012, C filed a lawsuit against E claiming for the cancellation of the registration of ownership transfer by asserting that the registration of ownership transfer in the title of E on each of the instant real estate was null and void as the registration of title trust.

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