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(영문) 서울고등법원(춘천) 2019.05.08 2018나1167
사해행위취소
Text

1. Revocation of the first instance judgment.

2. Upon the selective claims added by this Court, the Defendant shall attach Form C [AG].

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant’s husband C seeking monetary payment. The Seoul High Court sentenced C to the Plaintiff to pay 263 million won per annum from June 28, 2016 to September 27, 2017 and 15% per annum from the next day to the day of complete payment.

[Seoul High Court Decision 2017Na648 decided September 27, 2017] Although C appealed appealed, the Supreme Court dismissed the appeal and the above judgment became final and conclusive as it is.

B. C purchased real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) on August 18, 2015 and completed the registration of ownership transfer on October 13, 2015.

C. As to the instant real estate, C: (a) completed the registration of the provisional registration of the right to claim ownership transfer on the same day on the ground of the purchase and sale promise made on January 21, 2016 to AH; (b) the provisional registration was cancelled on May 27, 2016 due to the cancellation of May 25, 2016; and (c) the registration of the right to claim ownership transfer was completed on the same day on the ground of the purchase and sale promise made on June 2, 2016 to the Defendant; (c) the provisional registration was revoked on August 19, 2016 due to the cancellation on August 18, 2016; and (d) the provisional registration was completed on the ground of the provisional registration received on September 17, 2016 (hereinafter “instant promise”).

On February 5, 2018, the Defendant filed a report on the right to claim KRW 350 million as a person holding the provisional registration of this case, and filed an application for demand for distribution on February 5, 2018.

【Unfounded Grounds for Recognition】 Facts without dispute; Gap 2, 25, and 28 items (including each number; hereinafter the same shall apply); the purport of the whole pleadings

2. Determination on the claim for cancellation registration of provisional registration of this case based on subrogation right of the creditor.

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