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(영문) 수원지방법원 평택지원 2018.07.12 2017가합10680
사해행위로 인한 소유권이전등기 말소 등
Text

1. As to each real estate listed in [Attachment 2] Nos. 1 to 3:

A. 1 D D and Defendant Co., Ltd.

Reasons

Basic Facts

D's name transfer registration D'(hereinafter referred to as "the clan of this case") is a clan that is composed of seven members of F's seven members, and H has also been a clan.

On May 11, 1934, the registration of ownership transfer was completed in the name of H on September 10, 1934 due to the cancellation of the trust contract with respect to each real estate listed in the attached list No. 2 (hereinafter “instant real estate”).

Plaintiff

On January 18, 1987, the clan elected the deceased I as the representative at the extraordinary general meeting, and the name of the plaintiff clan was decided by each resolution that the name of the plaintiff clan is D.

The Suwon Industrial Development Co., Ltd., Ltd. (hereinafter referred to as the "Seoul Industrial Development Co., Ltd.") has completed the registration of ownership transfer under Article 523 of the receipt of the same day of Suwon District Court's Eunpyeong Housing Site Board due to sale and purchase of the instant real estate on January 7, 2010.

(2) Although there is no legitimate resolution of the general assembly of the clan of this case on August 1, 2014 and March 11, 2015 on the registration of ownership transfer, registration of establishment of neighboring areas, registration of creation of superficies, etc., and registration of establishment of the right (hereinafter referred to as "large automobile") against the clan of this case, the sale between the clan of this case and the Samil Development is null and void, and there is no legitimate resolution of the general assembly of the clan of this case on August 1, 2014 and March 11, 2015, the clan of this case filed a lawsuit to the effect that the registration of ownership transfer, the registration of ownership transfer, the registration of establishment of neighboring areas, and the registration of establishment of superficies.

[This Court Decision 2014Gahap9306, 2015Gahap8416, May 15, 2015] This Court rendered a judgment citing the claim of the clan of this case on May 15, 2015. The above appellate court rendered a judgment citing the claim of the clan of this case on April 20, 2016, which revoked the registration of transfer in the name of three-party development at the same time as the clan of this case received 1.5 billion won from the clan of this case and dismissed the rest of the appeal, such as the J and the Grand Motor

Seoul High Court.

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