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(영문) 부산지방법원 2017.01.18 2014가합17001

사해행위취소

Text

1. As between Defendant A and Nonparty C, Defendant A:

(a) On March 25, 2014 with respect to each real estate listed in the separate sheet No. 1 list.

Reasons

1. Basic facts

A. (1) On February 15, 2014, the Plaintiff: (a) Nonparty C Co., Ltd. (hereinafter “C”) on February 15, 2014

(2) The construction work for remodeling for the E apartment 96 household located in Busan District Department D (hereinafter referred to as “instant construction work”).

(2) The contract to determine the total cost of construction as KRW 2.6 billion (hereinafter “instant contract”).

(2) The Plaintiff and C entered into a contract with the Plaintiff on March 4, 2014, each of the instant real estates listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “each of the instant real estates”) as the advance payment of the instant construction works, as KRW 100 million per household, to transfer ownership to C. The Plaintiff completed the registration of ownership transfer on each of the instant real estates on March 4, 2014.

3) From April 11, 2014, the instant construction was suspended. On April 17, 2014, the Plaintiff, at the same time, notified the cancellation of the instant construction contract, at the same time, by verbal notification. At the time of April 17, 2014, the Plaintiff filed a lawsuit against C seeking the return of advance payment. The first instance court of the instant case (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 2014Ga10264), and C rescinded the instant contract on April 17, 2014, the Plaintiff returned advance payment KRW 285 million [1 billion advance payment (= KRW 1 billion per household unit) x KRW 1.5 billion payment delay damages] to the Plaintiff (i.e., the total amount of advance payment x KRW 200,500,0000).

B. As to each of the instant real properties, the right to collateral security 1) joint collateral security (i.e., the obligor C, the mortgagee of the right to collateral security, the Busan District Court, the Busan District Court, and the maximum debt amount of 480 million won (the actual collateral security obligation of 400 million won), which was received on March 12, 2014 by the obligor C, the Busan District Court, and the maximum debt amount of 480 million won (hereinafter referred