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(영문) 수원지방법원 2020.07.02 2019구합73605
이행강제금 부과처분 취소
Text

1. The Defendant’s imposition of enforcement fines of KRW 101,789,540 against the Plaintiff on August 27, 2019 is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 12, 2002, Nonparty B completed the registration of ownership transfer with respect to the land of this case in his name as to 407 square meters, E, 2,856 square meters, and F, 1,296 square meters (hereinafter collectively referred to as “each of the instant lands”), prior to Dongpo-si, Mapo-si (hereinafter referred to as “Cdong”). On January 6, 2004, Nonparty B sold each of the instant lands to the Plaintiff on January 12, 2004, according to the title trust agreement between the Plaintiff and Nonparty G, the ownership transfer registration for each of the instant lands was completed (hereinafter referred to as “instant ownership transfer registration”).

B. On February 11, 2004, the Korea Technology Credit Guarantee Fund received a provisional injunction against the disposal of real estate in each of the instant lands (U.S. District Court 2004Kahap146), and completed the registration on February 14, 2004, and the Korea Credit Guarantee Fund completed a provisional injunction against the disposal of real estate in each of the instant lands (U.S. District Court 2004Kadan124, Jun. 4, 2004) on June 1, 2004, under the provisional injunction against the disposal of real estate in each of the instant lands (U.S. District Court 2004Kadan124, Jun. 4, 2004) by taking the right to claim restitution due to the revocation of fraudulent act

(hereinafter the above two provisional dispositions are collectively referred to as "the provisional dispositions of this case").

The Korea Technology Credit Guarantee Fund as Seoul Central District Court 2004Gahap28394, the Korea Credit Guarantee Fund as Seoul Central District Court 2004Gahap104892, and the Korea Credit Guarantee Fund as G, respectively, filed a lawsuit for revocation of fraudulent act against the above court. The above court revoked the sales contract concluded on June 10, 2005 and October 14, 2005 between G and B, and "G will implement the procedure for cancellation registration of ownership transfer registration of this case to B," which became final and conclusive around that time.

(hereinafter collectively referred to as "the revocation of the fraudulent act in this case") D.

G Deceased on November 7, 2008, the Plaintiff died. On April 20, 201, the Plaintiff entered into a sales contract with the Suwon District Court for the land of this case under the name of G with the head of Suwon District Court No. 2011Gahap2765, and thereafter the registration of ownership transfer in the name of G.

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