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(영문) 광주지방법원 2018.01.30 2016가단512618
사해행위취소
Text

1. The sales contract concluded on July 10, 2015 between the defendant and D with respect to each real estate listed in the separate sheet shall be revoked.

Reasons

1. On May 31, 2015, the date of the sale and purchase contract for the indication of basic real estate, the buyer’s ownership transfer registration is completed, KRW 102,500,000,000, Seoul-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, on July 2, 2015, KRW 20,000,000 on July 2, 2015, Seo-gu, Gwangju, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul, for the purpose of facilitating the buyer’s ownership transfer registration.

D has concluded each sales contract with respect to land A owned as a model agent of A, and completed the registration of ownership transfer in accordance with each sales contract to E and F:

(hereinafter referred to as the “instant land A” in general refers to the subject matter of the said sale.

D On July 10, 2015, a sales contract was concluded between the Defendant, who is a F’s model, and the Defendant, to sell KRW 41,50,000 for purchase price as to the land listed in [Attachment List] and KRW 10 square meters for each land listed in [Attachment List] and for each land listed in [Attachment List] and for each land listed in [Attachment List] and for each land listed in the Seo-gu Seo-gu, Gwangju-gu, Gwangju-gu, and completed the registration of ownership transfer to the Defendant on July 17, 2015.

C. On July 10, 2015, D entered into a sales contract between the Defendant and the Defendant to sell KRW 41,00,000 for the sales price of KRW 1/4 of the instant 5,6 land and KRW 1091 square meters of farmland in Nam-gu, Gwangju, and completed the registration of ownership transfer as the Defendant under Article 175617 of the Gwangju District Court’s receipt on July 17, 2015.

(hereinafter) Between the Defendant and D, the instant sales contract was collectively referred to as “each of the instant sales contracts” as of July 10, 2015.

피고는 2016. 1. 2. 주식회사 내츄럴비(이하 ‘내츄럴비’라 한다)와 사이에 이 사건 5, 6 토지 및 광주 남구 K 임야 1091㎡ 중 1/4 지분에 관하여 매매대금 60,300,000원에 매도하는 매매계약을 체결하고, 2016. 2. 12. 내츄럴비에 그 소유권이전등기를 마쳐 주었다.

E. D, around July 10, 2015, in addition to the land in the instant case and the instant 1/4 shares out of the land in Gwangju Seo-gu, Gwangju-gu, the 1/4 shares out of the K in Gwangju-gu, and the 1/4 shares out of the 1336 square meters of the same L.

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