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(영문) 서울남부지방법원 2016.07.19 2015가단44216
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On May 28, 2014, the Plaintiff filed a lawsuit against the non-party company for the claim for construction price, and rendered judgment on May 28, 2014 that “the non-party company shall pay to the Plaintiff 322,404,49 won and 6% per annum from October 3, 2013 to May 28, 2014, and 20% per annum from the next day to the day of complete payment.”

Although the non-party company did not have any other assets than each real estate listed in the attached list and did not have any other assets, the non-party company in collusion with the Defendants for the purpose of undermining creditors including the Plaintiff, and entered into one real estate sales contract with Defendant A on May 19, 2015, and the same year.

6. 11. The Seoul Southern District Court’s receipt of the Guro District Court’s registration office was No. 51595, and the registration of ownership transfer under Defendant A’s name was concluded with Defendant B on October 21, 2014, and concluded a sales contract with Defendant B on November 20, 2014, respectively, and completed the registration of ownership transfer under Defendant B’s name under the receipt of the Seoul Southern Southern District Court’s receipt of the registration office as

Therefore, each of the above sales contracts constitutes a fraudulent act, and the intent of the non-party company and the defendants to injure is also recognized, so the above sales contract should be revoked.

However, since the cancellation of the registration of creation of a neighboring mortgage that had already been established on the 1,2 real estate after the conclusion of each of the above sales contracts was impossible, the Defendants are obliged to pay the Plaintiff the amount of each claim as compensation for value in lieu of restitution.

2. Although the non-party company did not have any other assets than the real estate listed in the separate real estate list and did not have any other assets, it is insufficient to recognize the conclusion of each sales contract with the Defendants in collusion with the Defendants for the purpose of undermining creditors, including the Plaintiff, as alleged by the Plaintiff. There is no other evidence to prove otherwise.

On the contrary, I would like the defendants' assertion.

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