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(영문) 춘천지방법원강릉지원 2015.09.01 2015나127
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s credit against C lent KRW 83 million in total to C on January 17, 2012 (interest KRW 1.2 million per month, maturity of maturity of maturity of June 2012), KRW 13 million on March 21, 2013 (interest KRW 200,000 per month, maturity of maturity of maturity of May 15, 2013), and KRW 20 million on March 25, 2013 (interest KRW 400,000, maturity of maturity of maturity of March 30, 2013), and the order was finalized on December 12, 2013.

B. C on July 26, 2004, the purchase and sale reservation and establishment of provisional registration 1) C is not less than 123 square meters (hereinafter “instant land”).

(2) On August 14, 2013, C entered into a pre-sale agreement with the Defendant on the instant land (hereinafter “instant pre-sale agreement”) and made the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) to the Defendant under Article 6979 on the same day on the ground of the pre-sale agreement.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion should be revoked as a fraudulent act detrimental to the general creditor, and the defendant is obligated to cancel the provisional registration of this case due to its restitution to its original state.

B. 1) According to the above facts, prior to the conclusion of the instant promise, the Plaintiff created KRW 83 million and interest or damages for delay on the leased principal to C. However, in full view of the overall purport of the entries and arguments in the evidence Nos. 1 through 6, 9, 10, 11 (including the serial number) as well as the entire purport of the pleading, the Defendant sold each of the land owned by the Defendant to the Hanyangyangyang-gun F, G, and H as KRW 680,000,000 to the Plaintiff, and the purchase price received from Hanyang-gu Agricultural Partnership.

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