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(영문) 서울중앙지방법원 2014.02.13 2012가합542420

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. B entered into a contract on December 7, 2009 with C to sell KRW 102,00,000 for the purchase price of KRW 1,50,000 (hereinafter “instant real estate”) in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant contract”), and agreed to receive KRW 150,000,000 for the down payment at the time of entering into the contract, KRW 250,000 for the intermediate payment on December 10, 209, KRW 250,000 for the first intermediate payment on December 24, 2009, KRW 30,000 for the second intermediate payment on December 24, 2009, and KRW 350,000 for the remainder on January 15, 2010, respectively.

B. According to the instant sales contract, C paid KRW 150 million to B on December 7, 2009 (one hundred million won as a check, KRW 50 million as a check, transferred to B’s account (Account Number): KRW 250 million as an intermediate payment on December 10, 2009 (transfer to B’s current Nong Bank account); KRW 30 million as an intermediate payment on December 24, 2009 (transfer to B’s current Nong Bank account); KRW 350 million as an outstanding payment on January 20, 2010 (transfer to B’s current Nong Bank account); KRW 190,390,515 as a loan to B; KRW 190,515 as a result of payment on the instant real estate; KRW 509,509,509,500 as a result of payment on each of the Defendant’s cash payment on the Defendant’s Bank; KRW 300,985,298.29)

C. Meanwhile, on December 4, 2009, B paid KRW 700 million out of the purchase price of this case to the Defendant’s Nonghyup Bank account (Account Number:F) that is his/her father, and on December 24, 2009, transferred KRW 294 million from the Defendant’s Nonghyup Bank account (Account Number: G) to the Defendant’s Nonghyup Bank account (hereinafter the above KRW 80 million and KRW 294 million, including the transfer of KRW 294 million to the Defendant’s Nonghyup Bank account (hereinafter the “instant transfer”). On January 20, 2010, B paid to the Defendant KRW 70 million out of the purchase price of this case, including the transfer of KRW 80 million and KRW 294 million from the Defendant’s Nonghyup Bank account (hereinafter the “instant obligation”), and on March 9, 2009, one of the maximum debt amount set by the Defendant’s collateral Security (hereinafter the “debtor”) to the creditor, a creditor of the Bank, the Defendant’s debt of the Defendant, instead of the creditor.