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(영문) 제주지방법원 2016.07.08 2014가단13708
사해행위취소 등
Text

1. The sales contract concluded on July 2, 2014 between B and the Defendant with respect to the vessels listed in the separate sheet shall be revoked.

2...

Reasons

The basic fact is that the plaintiff is a fisheries partnership established for the purpose of joint cultivation, fishery and joint work.

On July 14, 2012, the Plaintiff: (a) lent KRW 200,00,000 to B on a yearly interest rate of KRW 8%; (b) overdue interest rate of KRW 20% per annum; and (c) due date of repayment on September 15, 2013; and (b) upon receipt of a third party’s compulsory execution, provisional attachment, provisional disposition, or application for auction, the Plaintiff lost the benefit of the due date; and (d)

B On July 2, 2014, the Defendant completed the registration of ownership transfer based on the sale on the same date (hereinafter “instant sale”) with respect to the instant vessel.

[Reasons for Recognition] A’s assertion that there is no dispute, the entry of Gap’s evidence Nos. 1 through 3, and the ground for a claim as a whole of the pleadings, and the trade of this case between the defendant and Eul is null and void by means of false declaration of agreement.

Therefore, the registration of ownership transfer based on the above sales contract should be cancelled because it is the registration of cause invalidation.

At the time of the instant transaction, B was in excess of the obligation.

However, B sold the ship of this case, its sole property, to the defendant.

This is a fraudulent act, and it is ratified by B's intention to commit suicide.

Therefore, the sales contract of this case shall be revoked, and the defendant has the obligation to reinstate to the plaintiff.

In fact, the value of the instant vessel was advanced on December 30, 2010.

According to the relevant case, the fishery permit period for the instant vessel was first registered on January 4, 201, and the fishery permit period was from January 24, 2013 to December 31, 2017. The fishery permit period is 311,119,000 won when evaluating the fishery permit right for the instant vessel in accordance with the guidelines for executing coastal and inshore fishing vessel reduction projects by the Ministry of Oceans and Fisheries.

As a result of the appraisal of the market price and fact inquiry of the appraiser C by the court, the appraiser shall confirm the ship of this case and the price of the ship of this case in light of professional knowledge and experience.

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