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(영문) 창원지방법원마산지원 2015.05.27 2014가단7639
사해행위취소
Text

1. As to the 2,884 square meters and D amusement park, Gohap-gun, Gohap-gun, and 331 square meters and 331 square meters

A. On January 31, 2013, between the Defendant and E.

Reasons

1. Basic facts

A. On June 24, 2008, the registration of ownership transfer was made in the name of E with respect to the land of 3,215 square meters (hereinafter “C before division”). On January 28, 2009, 331 square meters was divided, and 2,884 square meters remains (hereinafter “C land after division”).

B. On February 11, 2009, D amusement park and 331 square meters (hereinafter “D land”) were registered for ownership transfer in the name of E.

(hereinafter referred to as “instant land” by aggregating C and D land after division.

On October 6, 2009, the provisional registration of the right to claim ownership transfer (hereinafter “the first provisional registration”) was made in the name of the defendant on the ground of the pre-sale agreement (hereinafter “the first pre-sale agreement”) on the land in this case, and the cancellation registration of the first provisional registration was made on August 1, 2012.

After the split-off on September 25, 2012, the share 16.6/2,884 out of C and the share 6.62/331 out of D land were transferred to F in F. On November 7, 2012, the provisional registration of the right to claim the transfer of ownership under the Defendant’s name was made (hereinafter “the second provisional registration”) on the ground of the trade reservation on November 6, 2012 (hereinafter “the second provisional registration”).

E. On February 5, 2013, the registration for cancellation of the transfer of shares in the above F F’s name, the registration for cancellation of the second provisional registration, and the registration for cancellation of the second provisional registration, respectively, was the provisional registration for the right to claim the transfer of ownership in the name of the Defendant (hereinafter “third provisional registration”) on the ground of the trade reservation on the same day (hereinafter “third provisional registration”).

F. Meanwhile, the Plaintiff agreed to receive KRW 380 million from E on June 28, 2008 until August 10, 2008, but the Plaintiff failed to receive KRW 180 million among them, and filed a lawsuit against E to seek payment of the said money as the Changwon District Court 2009Gahap563, and the said court rendered a judgment that on September 23, 2009, E shall pay the Plaintiff KRW 180 million and delay damages.

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