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(영문) 창원지방법원통영지원 2015.08.20 2014가합2552

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on November 24, 2012 between D and the Defendant is concluded.

Reasons

Basic Facts

The Plaintiffs purchased each E or F real estate in the compulsory auction procedure at the time of Tong Young-si, and borrowed 430,000,000 won from G as a purchase fund on May 16, 201 and May 17, 201.

On June 20, 201, the Plaintiffs concluded a contract to sell E and F (hereinafter “instant site”) for KRW 1,240,000,000 (hereinafter “instant sales contract”) with D on June 20, 201, and agreed to accept the Plaintiffs’ above loan obligations against G in lieu of payment of KRW 430,000,000 out of the purchase price.

D while G does not pay the above KRW 430,00,000 to G, G filed a lawsuit against the Plaintiffs seeking the payment of the above KRW 430,000,000,000, and collected KRW 430,000 on August 22, 2013, “Plaintiffs jointly and severally agreed to D, with 5% per annum from May 24, 2013 to August 22, 2013, and with 20% per annum from the next day to the day of full payment” (Seoul High Court Original Court Decision 2012Na3893), and G recovered KRW 430,00,000, which was deposited by the Plaintiffs on September 24, 2013.

The 2 to 5th floor of H building on the ground of the instant site (for each real estate stated in the attached list, 301, 401, 402, among them) was owned by D, but D sold Nos. 201, 301, 401, and 402 to the Defendant on November 24, 2012, and 1b.

On December 24, 2012, H. 501 to 504 H. building was completed, and the registration of ownership transfer was completed on December 26, 2012.

[Ground of recognition] A. 2-1 of the evidence No. 2-3, 4, and 4-1 of the evidence No. 2, and the purport of the entire pleadings is as follows: (a) the Plaintiffs’ establishment of the preserved claim, which was decided on September 24, 2013, to be accepted by D at the time of the instant sales contract, amounting to KRW 430,00,000.