logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.17 2018가단5037614
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff had a loan claim of KRW 179,200,000 against D, the former owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

D On October 23, 2017, the Defendants entered into a pre-contract and sales contract for each of the instant real estate (hereinafter “instant pre-contract and sales contract”) with the Defendants.

Therefore, the instant reservation and sales contract constitute a fraudulent act.

2. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 4, and 8 (including the paper numbers), the plaintiff, Eul, and Dong N, the father of the plaintiff, the plaintiff, from July 2009 to D, began to lend money at D's request; the plaintiff, E, and F, from October 20, 2017, each claim amounting to KRW 179,200,000, KRW 40,000, KRW 214,850,000, KRW 200; on October 30, 2017, the plaintiff filed an application for provisional seizure on the real estate of this case with D's name; on October 30, 2017, "The plaintiff (A) was subject to provisional seizure on the real estate of KRW 30,000, KRW 17,000; on October 21, 2017, the defendant's right to claim provisional seizure on each of the real estate of this case.

In the process of receiving reimbursement of KRW 230,000,000 as above, D entered into a sales contract with the Defendant for each of the instant real estate.

arrow