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(영문) 춘천지방법원 2015.10.08 2015가단50395

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 7, 2011, the Plaintiff entered into a sales contract with the Plaintiff as to each real estate listed in the separate sheet between the Plaintiff and C, with a view to purchasing each real estate listed in the separate sheet (hereinafter “each land of this case”) on KRW 250,00,000,00 as price for each real estate listed in the separate sheet (hereinafter “each land of this case”), and entered into a sales contract with the Plaintiff to purchase each real estate listed in the separate sheet (hereinafter “instant land”) listed in paragraph (1) and paragraph (2). The down payment of KRW 25,00,000 shall be paid on the same day, and the balance of KRW 225,00,000 shall be paid on November 7, 201, and the other party may file a claim for damages therefrom with the other party, and the amount of damages shall be determined based on the down payment as stipulated in a special agreement, provided that “C shall grant all necessary documents for authorization and permission to the Plaintiff, and shall return the down payment within three months from the date of authorization and permission (3 months).”

B. On January 10, 2014, the Plaintiff filed a lawsuit against C, claiming for the return of the purchase price and the compensation for damages against C, stating that “C would not have developed the electric source house on each of the instant land as the wind for providing necessary documents for authorization and permission, and C sold each of the instant land and completed the registration of ownership transfer on November 27, 2013, and C is obligated to pay the Plaintiff the down payment amounting to KRW 25 million and the estimated amount for compensation for nonperformance, plus KRW 25 million, as the estimated amount for damages arising from nonperformance, and the delay damages therefrom.” In the instant case, C failed to submit a written response by the said court, and “C” from the said court to the Plaintiff on April 10, 2014, as well as the complete payment from February 13, 2014.