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(영문) 청주지방법원 2019.08.22 2018가단21647

사해행위취소

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1. Claim for the cancellation of the sales contract against Defendant I and K among the instant lawsuits.

Reasons

1. Basic facts

A. On June 1, 2015, Plaintiff B entered into a sales contract with L Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the purchase price of KRW 100,000,000 for KRW 150,000 ( KRW 1,500,000 per square year) out of KRW 6,571 square meters (joint ownership on the register of names and 1/2 shares in theO) of Magjin-si, and Plaintiff B entered into a sales contract with Nonparty Co., Ltd. on the recommendation of Nonparty Co., Ltd. on June 12, 2015 to purchase KRW 50,000 for KRW 10,000,000.

B. On June 1, 2015, Plaintiff B paid the down payment of KRW 7 million to the non-party company. Plaintiff A paid all the sales price of KRW 75 million to the non-party company. The non-party company failed to comply with the procedure for the registration of ownership transfer as to the above land by July 31, 2015, which is the term agreed upon. On August 1, 2015, Plaintiff B proposed to change the subject matter of the sale to the P 496 square meters (hereinafter “relevant land”) at the time of Jinjin-si, and the Plaintiffs consented thereto.

C. On August 28, 2015, the period for which the non-party company entered into an agreement, the Plaintiffs cancelled the sales contract with the non-party company, and the Plaintiffs filed a lawsuit against the non-party company for refund of the purchase price under the Cheongju District Court 2015Kadan114241, and rendered a judgment ordering the Plaintiff Company to pay the purchase price of KRW 7 million, KRW 75 million, and delay damages to the non-party company. On June 29, 2016, the non-party company was dismissed the appeal by the non-party company around May 18, 2017, and the said judgment became final and conclusive at that time.

The representative R of the non-party company was prosecuted for committing an offense, such as a lack of funds to purchase various real estate owned by others, a lack of intent or ability to transfer the ownership in a normal manner, concluding a sales contract with several victims and obtaining payment of the purchase price, and taking it by fraud (Cheongju District Court Decision 2016Da2631). It is eight months of imprisonment around October 4, 2018.