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(영문) 전주지방법원정읍지원 2019.03.19 2018가단11792
사해행위취소
Text

1. The reservation to purchase and sell real estate entered into on August 13, 2013 between the Defendant and C shall be revoked.

2...

Reasons

Basic Facts

The plaintiff is a company established for non-life insurance business and credit information business.

The defendant is friendly with D, and C is a partner of D.

The Plaintiff’s claim for indemnity against C, etc. filed a lawsuit against Jeonju District Court 2008Kadan44063, which held that “C, etc. shall jointly and severally pay to the Plaintiff 119,312,830 won, 32,884,930 won, and 25% per annum from October 18, 2008 to March 4, 2009, and 20% per annum from the next day to the date of full payment.”

(2) On August 13, 2013, the Plaintiff’s claim against C, which became final and conclusive by the above judgment, concluded a pre-sale agreement and provisional registration with the Defendant on August 13, 2013 on the real estate listed in the separate sheet, with the Defendant at KRW 28,00,000,000 for the purchase and sale of the real estate listed in the separate sheet listed in C.

(2) On August 20, 2013, the provisional registration of the right to claim ownership transfer (hereinafter referred to as “instant provisional registration”) was completed on August 20, 2013 by the Jeonju District Court, Jeonju District Court, Jeon Jong-Eup Branch Branch, etc., which was received on August 20, 2013.

C’s excess of debt status C was more than active property at the time of the instant promise to sell and purchase, and real estate listed in the attached list was the only real estate owned by C.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1-1 through 4, witness D's testimony, and fact-finding on the fixed Eup market of this court, the claim of this case against the plaintiff of the preserved claim as to the revocation of the entire pleadings and the claim for restitution of the original status was created before the conclusion of the contract for sale and purchase of this case. Thus, the claim of this case can be the preserved claim of this case.

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