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(영문) 의정부지방법원 2017.09.06 2016가단36997

사해행위취소 등

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1. Defendant B: (a) on June 201, 201, the District Court’s annual registry office with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. On June 20, 2013, the Plaintiff entered into a sales contract with Defendant B to sell each real estate listed in the separate sheet (hereinafter collectively referred to as “instant forest”) for KRW 300,000,000 (hereinafter referred to as “instant sales contract”). On June 21, 2013, the Plaintiff completed the registration of ownership transfer as described in the Disposition No. 1, supra.

With respect to the instant forest land, on October 13, 2015, the registration of transfer of ownership was completed on October 12, 2015 in the future of Defendant C Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant C”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3 evidence 12 and 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff and Defendant B, as part of the instant sales contract, are the following special agreement (hereinafter “instant special agreement”).

(1) The buyer shall be entitled to make a provisional registration of transfer of ownership in the name of the seller himself/herself or a person designated by the seller within two months after the release of seizure of D listed on this case (70,000,000). (Provided, That this registration based on provisional registration may be effected 24 months after the date of the transfer of ownership.

The sales contract amount shall be KRW 488,400,000, and the registration tax required for the registration of this case and the cost of creation of collateral mortgage required for the loan of this real estate as collateral will be paid in addition to the pre-sale price.

(2) Purchasers shall agree and cooperate in the procedures for authorization and permission of mines related to this land.

3. The seller shall pay 30,000,000 won to the buyer immediately when a final and conclusive judgment is rendered that the mining business cannot be performed on this parcel of land. If the price is not paid, the seller will waive this parcel of land.

(4) A seller shall resume operations on the land of this case by no later than December 2013.

(e).