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(영문) 인천지방법원 2016.02.17 2015나12123
사해행위취소
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's claim, including a claim added at the trial.

Reasons

1. Basic facts

A. On August 7, 2012, the provisional registration of the right to claim the transfer of ownership was completed on August 7, 2012, as to each of the lands listed in the separate sheet Nos. 1, 2, 4, 5, and 6, the land, the Z of Incheon reinforced Z, the land before subdivision, and the NJ land before subdivision, on August 7, 2012 (hereinafter “instant purchase and sale reservation”).

B. On May 4, 2015, the land listed in paragraph (11) of the attached Table was divided from the land of the Incheon Strengthening Gun before subdivision (the land remaining after subdivision is the land listed in paragraph (3) of the attached Table), and on December 26, 2012, the land listed in paragraph (9) of the attached Table Nos. 10 was divided from the land located in the National Land of the Incheon Strengthening Gun before subdivision, and on August 14, 2013, the land listed in paragraph (10) of the attached Table Nos. 10 was divided from the land located in

(C) The land remaining after the division shall be the land listed in paragraph (8) of the attached Table.

With respect to the land listed in Section 7 of [Attachment List D], which is owned by D on August 7, 2012, the ownership transfer registration based on the sale and purchase agreement (hereinafter “the instant sales agreement”) on July 30, 2012 in Defendant C, and the provisional registration of the ownership transfer claim based on the purchase and sale agreement on August 7, 2012 in Defendant B was completed, and the ownership transfer registration based on the said provisional registration was completed on August 22, 2014 thereafter on August 7, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 7-1 through 6, Gap evidence 7-11, Gap evidence 14-2, Gap evidence 26-1 through 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On May 7, 2010, the Plaintiff asserted that the Plaintiff lent KRW 650 million to D, and D concluded a sales contract with Defendant C on July 30, 2012 with regard to the real estate stated in the separate sheet Nos. 1, 2, 4, 5, and 6, which are owned by Defendant B and D, with a view to excess of debt. D signed a sales contract with Defendant C on July 30, 2012, with regard to each land described in the separate sheet Nos. 1, 2, 4, 5, and 6, which is owned by Defendant B and D.

Therefore, the reservation and sales contract of this case are fraudulent acts.

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