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(영문) 대전지방법원 서산지원 2018.03.29 2017가합50449

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 27, 2011, the Plaintiff and Nonparty C: (a) transferred ownership of 11,570 square meters (3,500 square meters) out of each real estate listed in attached Table 1, 2, 3, 13, and 16 to the Plaintiff by subrogation for KRW 85,00 million until December 31, 2013; (b) however, if the transfer is impossible or neglected within the above period, the Plaintiff does not raise an objection even if he/she arbitrarily disposes of it; (c) however, the Plaintiff may sell and sell each of the said real estate in the presence of the Plaintiff; and (d) drafted a confirmation letter stating that the remaining amount after deducting the capital gains tax shall be paid to the Plaintiff out of the amount equivalent to KRW 3,500,000 as transferred (hereinafter “instant confirmation letter”); and (d) obtained certification as a notary public’s office, etc. on the same day from the same date.

B. Meanwhile, C completed the registration of transfer of ownership on July 2, 2014 with respect to each real estate listed in attached Tables 3, 6, 7, and 8 of the List on July 8, 2014, based on sale and purchase on June 20, 2014, and each real estate listed in attached Tables 1, 2, 4, and 5 of the List on July 11, 2014, respectively.

C. After November 24, 2015, the Plaintiff and C entered into a sales contract with the Plaintiff to sell 1/2 shares of each of the real estate listed in attached Tables 13 and 14 to the Plaintiff for KRW 300 million, and the registration of ownership transfer was completed in the name of the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 8, 13, and 14-2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the assertion was that the Plaintiff: (a) paid KRW 850 million to C according to the instant letter of confirmation; (b) on November 24, 2015, C completed the registration of ownership transfer for each of the real estates listed in the separate sheet Nos. 13 and 14 in the separate sheet No. 13 and 300 million won to the Plaintiff; (c) and (d) accordingly, C had a claim of KRW 550 million to the Plaintiff, and therefore C had a claim of KRW 50 million remain.