(영문) 광주고등법원(전주) 2020.05.14 2019나11239

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원(전주) 2020.05.14 2019나11239

사해행위취소

Text

1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for this part of the facts of recognition are as follows, except for the part which was written by the court, and the corresponding part of the reasoning of the judgment of the court of first instance (from No. 3 to No. 5, No. 6, and No. 5, No. 420). Thus, this part of the reasoning is cited as it is in accordance with the main sentence of

◎ 제1심 판결 3면 7~11행을 다음과 같이 고친다.

1) As to the building listed in the separate list (hereinafter “the instant building”) owned by G (hereinafter “G”) and the site thereof, the former District Court Decision No. 36488, Apr. 13, 199, which was accepted on April 13, 199, completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage”) with the amount of KRW 172,00,000 for the mortgagee, debtor, and the maximum debt amount of KRW 172,00,00,000. A was served on the Busan District Court H on May 10, 200 with the attachment and collection order as to KRW 74,192,60,03, out of the secured debt of the above secured debt of the said right to collateral security (hereinafter “the instant building”).

A person shall be appointed.

2. Summary of the plaintiffs' assertion

A. The selling of the building of this case to the defendant in excess of the principal claim G constitutes a fraudulent act detrimental to other creditors, including the plaintiffs, should be revoked, and the defendant is obligated to implement the procedure for cancellation of ownership transfer registration with respect to the building of this case to its original state.

In addition, since the registration of establishment of a neighboring building of this case should be cancelled due to confusion following the defendant's acquisition of ownership of the building of this case, the plaintiffs seek to cancel the registration of establishment of a neighboring building of this case by subrogation as G's creditor.

B. Preliminary Claim 1) The Plaintiffs are claims pursuant to the judgment of the Jeonju District Court 2010Kahap2076 (hereinafter “instant judgment claim”) against G from the Deceased.

B. The sales contract of this case was inherited, and since the sales contract of this case was a fraudulent act, 74,192,602 won, which is the amount of the judgment of this case, and this is related thereto.

참조조문

-민사소송법 제420조

유사 판례

-전주지방법원 2019.10.17 2019나442

-인천지방법원 2018.05.25 2017가합60115

-서울중앙지방법원 2013.12.12 2013나13879

-부산지방법원 2017.09.15 2016나53715

-광주고등법원 (전주) 2018.08.09 2017나44