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(영문) 부산지방법원 2012.05.08 2011가단109889
사해행위취소
Text

1.(a)

The defendant A and the non-party B signed on May 27, 201 with respect to 602.1 square meter in Busan-gu, Busan-do.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the price of goods was supplied to Nonparty B Co., Ltd. (hereinafter “B”) from March 17, 2009 to April 30, 2010, but it was impossible to receive the price of goods from Nonparty B, and the payment order became final and conclusive on February 11, 201 by requesting the Busan District Court to issue an order to pay B the price of goods claiming the price of goods from Nonparty B, which was KRW 91,903,540, and the payment order was issued to the Plaintiff from March 1, 2011 to the date of full payment, with the amount of KRW 285,960 per annum from March 1, 2011, which is the day following the delivery of the original copy of the payment order.

B. On May 27, 2011, B entered into a sales contract with Defendant A as to the real estate stated in the order of the sole property (hereinafter “instant real estate”), which is the sole property of Defendant A, and the Defendant A’s order on the ground of such contract

B. (1) According to the purport of the claim stated in paragraph (1), although the receipt number of registration is indicated as “No. 34519,” the registration of ownership transfer was made as clearly stated as the clerical error in “No. 34159”, and the Defendant A issued an order to Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant KB Real Estate Trust”).

B. (2) The registration of ownership transfer was completed as described in paragraph (2).

C. B’s property status is against the Plaintiff while the Plaintiff did not have any other property except the instant real estate at the time of the said sales contract (in the case of the Gu-U.S. D large 400 square meters prior to the instant sales contract, the ownership transfer registration due to the trust on December 24, 2009).

It was in excess of the obligation such as the existence of the obligation described in the subsection.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence (including a branch number if there is a serial number; hereinafter the same shall apply), each fact inquiry results against the Daegu Metropolitan City Office in Nam-gu and Busan Metropolitan Government Office, and the purport of the whole pleadings.

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