beta
(영문) 서울중앙지방법원 2016.11.18 2014가단201818

사해행위취소등

Text

1. Defendant C: (a) KRW 10,000,000 for the Plaintiff and KRW 20% per annum from October 22, 2014 to September 30, 2015, and the following:

Reasons

1. Basic facts

A. 1) The network D (Death in 2007) and the network E (Death in December 1, 1992), as married couple, have five females South and North Korea, including the son F and the Namnam G, and the Plaintiff is the wife of F, and the Defendant C is the wife of G. The Plaintiff shall be paid KRW 85 million to G by April 30, 1998. The heir of the network E, including D, jointly and severally implement the procedure for the registration of ownership transfer of each real estate listed in the attached Table 2 list (G shall receive the amount of money described in paragraph (1) of the adjustment clause from the Plaintiff and perform the above obligation.

3. G shall, at the same time, receive the amount stated in Section 1 of the Adjustment Clause from the Plaintiff, and simultaneously implement each procedure for the registration of ownership transfer with respect to each real estate listed in the separate sheet No. 1.

4. G shall order each other to the Plaintiff real estate Nos. 6, 7 of the real estate listed in the annexed Table 1 by December 31, 1998.

5. If G fails to perform the obligation under Article 3(3) of the Adjustment Clause concerning real estate Nos. 5,6 among the real estate listed in attached Table 1 list among the above Adjustment Clause, G shall pay KRW 40,000,000 as penalty to the Plaintiff. If the Plaintiff delays the performance of the obligation under Article 4(1) of the Adjustment Clause, G shall be paid KRW 40,000,000 as penalty to the Plaintiff.

2) On April 30, 1998, the Plaintiff filed an application for the registration of transfer of ownership with the Cheongju District Court’s Young-dong Branch 97 money192 against the deceased E’s heir and 10 descendants, and the instant conciliation was concluded on December 11, 1997 with the following contents. 3) The Plaintiff paid KRW 85 million to G on April 30, 1998.

4) G died on April 2, 2003, and Defendant C, the wife, became the inheritor of the control of Defendant C. B. Defendant C (i.e., conclusion of a sales contract between the Defendants) on June 14, 2013, the remainder of the real estate less than 13 out of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and the real estate listed in the separate sheet No. 13 among the real estate listed in the separate sheet No. 2.