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(영문) 의정부지방법원 2020.07.16 2019가합59479

사해행위취소

Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from January 3, 2019 to April 24, 2020 and the following.

Reasons

1. Facts of recognition;

A. B’s apartment sales 1) B on March 28, 2003, Goyangdong-gu E apartmentF reinforced concrete building 165.99 square meters (hereinafter “the apartment of this case”) is the apartment of this case.

) After acquiring the instant apartment, on July 6, 2018, while residing together with her husband G in the instant apartment, the sales price of the instant apartment was KRW 630,000,000, and the down payment of KRW 60,000,000 among the contract dates, the intermediate payment of KRW 20,000,000 was concluded on August 10, 2018; and the remainder of KRW 50,000,000 was determined to be paid on September 28, 2018; (ii) B received KRW 630,00,000,000 from H and I in accordance with the said sales contract; and (iii) completed the registration of ownership transfer with respect to the instant apartment from H and I on August 10, 2018 and to H and I.

B. G, the Defendant’s payment of part of the purchase price of the instant apartment, and the Defendant’s purchase 1) B, on September 28, 2018, remitted KRW 57,176,258, which was part of the money paid as the remainder of the purchase price of the instant apartment, to the husband G account. (ii) G delivered KRW 15,000,000 (one million won check) to the Defendant, who is the infant, among the money paid from B on October 1, 2018.

3) On the other hand, on July 13, 2018, the Defendant is the Defendant’s apartment building 94.05 square meters in the J apartment Ga-dong, Seoyang-gu, Chungcheongnam-gu, Seoyang-gu (hereinafter “Defendant apartment building”).

(C) A Co., Ltd. (hereinafter “A”) around December 12, 2018 (hereinafter “B”) has concluded a contract on donation of the Defendant’s apartment, which was concluded on September 28, 2018 between B and the Defendant, with the payment of the purchase price of KRW 457,00,00,000, and thereafter, on September 23, 2018, B entered into a sales contract with L, and completed the registration of ownership transfer on the said apartment. B is residing in the Defendant’s apartment. (c) A (hereinafter “A”) has cancelled the contract on donation of the Defendant’s apartment, which was concluded on September 28, 2018 between B and the Defendant, to the extent of KRW 250,000,000, and the Defendant would pay damages for delay of the contract between B and the Defendant, and subsequently, the contract on donation of KRW 457,000,000,000, which was concluded on September 28, 2018.