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(영문) 창원지방법원 진주지원 2017.02.09 2016가단35051

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff filed a lawsuit against F against F to seek cancellation, etc. of ownership transfer registration as to the real estate listed in paragraph (4) of the attached Table No. 4 of the Real Estate List (hereinafter referred to as “real estate No. 4”) as indicated in this Court No. 2015Kadan836, the Plaintiff filed a lawsuit seeking cancellation, etc. of ownership transfer registration (such as F filed a lawsuit seeking confirmation of the right to passage over surrounding the real estate No. 4 as the above court No. 2015Kadan4395; hereinafter the above principal lawsuit and counterclaim collectively referred to as the “instant lawsuit”), but, on May 21, 2015, conciliation was concluded (hereinafter referred to as “instant conciliation”).

1. F shall pay the Plaintiff KRW 160,00,000,000 for the purchase price of shares in 259/1291, among the real estate in Article 4, on condition that KRW 110,000,000 shall be paid until June 19, 2015, KRW 50,000,000 until October 31, 2015.

2. In paying KRW 110,00,000 as stated in paragraph 1, if the expected date of the loan at a bank designated by F is set at, before the first week thereafter, F shall transfer the right to receive the loan to the Plaintiff between the relevant bank (a bank loan manager in Do) and the Plaintiff. At the same time, the Plaintiff shall submit to the competent court such documents related to the provisional injunction for disposal (this Court 2015Kadan45) that ends on F-owned share of real estate as described in paragraph 1.

3. If F fails to pay the money set forth in paragraph (1) at one time, the sale and purchase contract between the Plaintiff and F for the real estate mentioned in paragraph (1) is rescinded. F implements the procedure for cancellation of ownership transfer registration completed on December 15, 2014 by the Changwon District Court Private Registry of the Changwon District Court on the pertinent real estate F shares to the Plaintiff, and if the Plaintiff had already received the money set forth in paragraph (1), it shall return to F the same.

4. (Omission)

5. (Omission) On July 21, 2015, Defendant B paid to the Plaintiff KRW 115,00,000 on behalf of the Plaintiff KRW 110,000 as the purchase price stipulated in paragraph (1) of the said protocol and the interest accrued therefrom up to that point, on behalf of the Plaintiff, KRW 115,00,000 as the interest accrued from that point. The Plaintiff, around that point, owes the following commitment to F.