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(영문) 서울중앙지방법원 2017.08.24 2017가단5008756

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 19, 201, the Plaintiff: (a) entered into a contract with Nonparty C to sell and purchase (hereinafter “the instant loan”); (b) Jongno-gu Seoul Jongno-gu 303 Dong 303 (hereinafter “the instant loan”); (c) paid the Plaintiff the down payment of KRW 65 million, intermediate payment of KRW 80 million, intermediate payment and remainder payment of KRW 350 million; and (d) the remainder of KRW 1550 million after selling and selling the instant loan to a third party; (c) on March 14, 2015, the Plaintiff agreed to pay the remainder to the Defendant on March 14, 201, but C did not pay the remainder; (d) the selling of the instant loan to the Defendant, which is the only real estate loan to evade the foregoing debts in excess of debt, constitutes restitution of KRW 50,00,00,000; and (e) the Defendant’s selling of the instant loan to Nonparty 1, the obligee, within the presumed amount of KRW 1505, as the Plaintiff’s restitution.

2. Comprehensively taking account of the overall purport of the pleadings as to the facts stated in the evidence Nos. 1 through 4, the Plaintiff entered into a contract with Nonparty C to sell and purchase the instant loan amounting to KRW 650,00,000 on October 19, 201. The Plaintiff paid the Plaintiff the down payment of KRW 65 million, intermediate payment of KRW 350,000,000,000,000 to the remainder of KRW 80,000,000,000,000 for the remainder of KRW 15,50,000,000,000,000,000,000,000,000,0000,000,000 won. C sold the instant loan to the Defendant on March 14, 2015, it can be acknowledged that the remainder was not paid, and C sold to the Defendant on March 14, 2015.

The act of selling the loan of this case to the defendant, which is the only property under the status of excess by C, as the debtor, is special.