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(영문) 서울고등법원 2015.05.21 2014나2021449

사해행위취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) for a construction contract and a real estate sales contract

2) Defendant 1 and Defendant 1 (hereinafter referred to as “Defendant 1”) shall be the Defendant 1’s church.

(2) Around August 2008 and around October 2008 of the same year, a real estate sales contract and a construction contract (hereinafter “instant sales contract”) with each of the following terms and conditions, and the instant contract.

2) Each owner of the real estate in the registry of this case is the defendant church. The owner of the real estate in the registry of this case is the defendant church.

(2) The seller of this case shall pay A the purchase price of this case to A after completion inspection conducted by the Defendant church, which is the balance of KRW 3.23 billion and KRW 7.3 billion, which is the balance of KRW 10.3 billion and KRW 7.3 billion, which is the balance of KRW 1.3 billion, which is the balance of KRW 7.5 billion, which is the balance of KRW 7.5 billion, which is the balance of KRW 7.5 billion, which is the balance of KRW 7.5 billion, which is the balance of KRW 7.3 billion, which is the balance of KRW 7.5 billion, which is the balance of KRW 7.5 billion, which is the balance of KRW 10.3 billion, which is the balance of KRW 1.3 billion,000,000,000 from the Defendant church.

1. To substitute 7.3 billion won out of the purchase price as the price for the new church construction work;

2. The remainder of the sales price shall be substituted by A’s acquisition of the remainder of the sales price at the same time with the transfer of ownership on the land for the sale purpose after the completion of the church construction.

3. 50 million won exceeding A due to the assumption of an obligation under the above 2 shall be three months after the completion of the church construction.