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(영문) 대전지방법원 2015.01.14 2014가합4037
부인의 소
Text

1. As to real estate listed in the separate sheet:

(a) On March 12, 2013, the debtor A entered into a trade reservation with the defendant B.

Reasons

1. Basic facts

A. On March 12, 2013, the Debtor A (hereinafter “A”) entered into a pre-sale agreement with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant pre-sale agreement”), and on the same day, Defendant B completed the provisional registration of the right to claim ownership transfer of the instant real estate (hereinafter “instant provisional registration”).

B. After that, on June 26, 2013, Defendant B completed the registration of transfer of the provisional registration of this case (hereinafter “registration of transfer of the provisional registration of this case”) with respect to the instant real estate to Defendant C.

C. On July 30, 2013, the Daejeon District Court issued an application for commencing rehabilitation procedures with the Daejeon District Court 2013dan22, and the said court rendered a decision on September 3, 2013 that A shall be deemed a custodian, instead of appointing a custodian separately with respect to A.

[Reasons for Recognition] Defendant B: A: The fact that there is no dispute, entry of evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that: (a) concluded a pre-sale agreement with Defendant B while in excess of his/her obligation; and (b) completed the provisional registration of this case on the ground thereof; and (c) Defendant C knowingly received the provisional registration of this case from Defendant B.

Therefore, A’s act of entering into the instant pre-sale agreement is an act performed by a debtor with knowledge that the debtor would compromise rehabilitation creditors or rehabilitation secured creditors, and constitutes a subject of intentional avoidance under the main sentence of Article 100(1)1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Therefore, the Plaintiff denies the reservation of the instant purchase and sale, and seek the registration of transfer of the instant provisional registration and the cancellation of the provisional registration of this case from the Defendants to its original state.

B. Defendant B did not submit a written answer regarding the claim against Defendant B.

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