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(영문) 서울남부지방법원 2012.01.20 2010가합23365
사해행위취소 등
Text

1. Defendant B:

A. The reason is that the agreement was made on June 19, 2010 with respect to the area of 1,620 square meters per G in Silung-si.

Reasons

1. Basic facts

A. On May 2006, Defendant B recommended Defendant B to sell 1,620 square meters (hereinafter “instant land”) prior to G in Singu, Singu, which was H’s ownership, to the Plaintiff. On November 2, 2006, the Plaintiff paid KRW 530,000,000 as the purchase price of the instant land to Defendant B.

B) Defendant B may not immediately transfer the instant land to the Plaintiff without any resident or without delay in the land transaction permission zone. As such, once the purchase price is paid to Defendant B, Defendant B would transfer the ownership transfer registration later than two years. After completing the registration of ownership transfer as of May 21, 2008 by the Silung registry office (No. 42817) in the future of Defendant B with respect to the instant land, Defendant B completed the registration of ownership transfer as of December 15, 2006 by the registration office No. 104653, Dec. 15, 2006, the registration of creation of superficies (hereinafter “registration of creation of mortgage and superficies”).

(C) Defendant B signed each registration of cancellation of the instant mortgage and superficies creation by forging each of the delegations under the Plaintiff’s name as to the instant land, the application for cancellation of the right to collateral security, and the cancellation of superficies.

2) On August 29, 2008, the Plaintiff loaned KRW 400,000,000 to Defendant B, without setting the due date, as 2.5% (payment on the last day of each month) of interest. 3) Defendant B et al. written by Defendant B et al., the Plaintiff, and Defendant B et al. written a promise (Evidence A No. 9-1) that the transfer of the ownership of the instant land and the return of KRW 400,00,000 from June 19, 2010 to September 2010, the Plaintiff would complete the registration of ownership transfer of the instant land from August 201 to October 9, 2010 to December 31, 2010.

4. Defendant B’s conviction against Defendant B is the facts constituting the crime including the above act on October 20, 201.

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