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(영문) 서울중앙지방법원 2015.10.15 2014가단82222
사해행위취소등
Text

1. It was concluded on February 28, 2013 with respect to one-half of the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Basic facts

A. The Plaintiff loaned C KRW 50,00,000 on February 9, 201, KRW 50,000 on February 24, 2012, KRW 50,000 on a yearly interest rate of KRW 24% on July 2, 2012, and KRW 58,00,000 on a yearly interest rate of KRW 178,000 on March 21, 2014, the Seoul Central District Court rendered a final judgment of KRW 178,00,000 on the Plaintiff’s KRW 50,00,000 among them, and KRW 50,00,00 from February 10, 201, KRW 50,000 on a yearly interest rate of KRW 25,00 from February 25, 2012 to KRW 30,000,000 on a yearly interest rate of KRW 30,000.

B. On October 31, 201, Defendant, D, and C completed the registration of transfer of ownership on the ground of sale by voluntary auction on August 25, 2011, with respect to each share of 1/12, 4/12 of the real estate listed in the separate sheet (hereinafter “instant real estate”) on October 31, 201, as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant was the Seoul Central District Court’s registration No. 5179, Mar. 4, 2013.

2. The provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) of the instant real estate among the instant real estate based on the purchase and sale reservation (hereinafter “sale reservation”) was completed.

C. The defendant is the mother of C.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, in a state of excess of debt without any particular property, C entered into the instant promise to sell and purchase the instant real estate with the Defendant, and completed the instant provisional registration with regard to one-half portion of the instant real estate. However, this constitutes a fraudulent act detrimental to the obligee, and thus, sought revocation of the said contract, and the Defendant is obliged to cancel the instant provisional registration with regard to restitution to the original state.

As to the portion of 1/12 of the instant real estate on October 31, 201 with D and C by the Defendant, the same year as to the portion of 1/12, and 4/12 of the instant real estate

8.25. The reason for sale by voluntary auction.

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