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(영문) 서울남부지방법원 2016.07.14 2015나58940
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in attached Tables 1 and 2 between the Defendant and C, each of them on September 24, 2012.

Reasons

1. Facts of recognition;

A. On January 6, 2005, the Plaintiff and C (the previous name before the alteration: E) purchased each ownership transfer registration on the ground of “the sale on March 30, 2006” under the Plaintiff’s sole name on April 7, 2006, each of the above three parcels of land was completed on July 13, 2006, under the name of the National Bank of Korea (the debtor, the maximum debt amount, 50 million won), and 33,818 square meters in I forest land (hereinafter collectively referred to as the “instant land”). The registration of ownership transfer was completed on July 13, 2006, under the name of the National Bank of Korea (the debtor, the Plaintiff, the maximum debt amount, 50 million won).

B. On June 12, 2012, the Plaintiff and C purchased JJ large 562 square meters (hereinafter referred to as “instant J land”) from S and completed the registration of ownership transfer on June 15, 2012, each 1/2 equity on which the said land was sold at a voluntary auction on January 2015.

C. On December 8, 2001, K land (1) C is the instant K land, including the three parcels, which had undergone the procedure for land category change and division of not more than 2,701m2 L site, M road 69m2, N forest and forest not more than 2,073m2 and not more than 2,073m2.

(2) On January 16, 2012, the Plaintiff: (a) purchased each share of KRW 2,490.5/4,981 among the instant K land under his/her name on June 24, 2003, from P to KRW 17,320,00,000; (b) completed the registration of ownership transfer for each of the instant land under his/her name on November 12, 2001; and (c) completed the registration of ownership transfer for each of the instant land under his/her name on August 26, 201, with respect to KRW 2,490.5/4,981,00 for KRW 17,320,00,000 for KRW 2,70; and (d) completed the registration of ownership transfer under his/her name on August 26, 2003.

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