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(영문) 수원지방법원성남지원 2020.09.22 2019가단222866

사해행위취소

Text

The reservation entered into on September 14, 2017 with regard to each real estate listed in the separate sheet between the defendant and C shall be revoked.

Reasons

1. Facts of recognition;

A. On April 2016, the Plaintiff and C agreed with D that “if the Plaintiff and C fail to obtain construction completion permission by August 15, 2016, with respect to the above real estate, the Plaintiff and C shall pay KRW 200 million to G as compensation for damages,” and the Plaintiff and C agreed that each 50% of the above compensation should be paid if the situation where the above compensation for damages is to be paid occurs.

B. When D was unable to obtain a completion permit on the above real estate, D filed a lawsuit against the Plaintiff and C for a claim for damages (see Seoul Eastern District Court Decision 2016Da136959, Sept. 13, 2017). The Plaintiff and C appealed. The appellate court rendered a decision in lieu of conciliation that “the Plaintiff and C shall pay 115 million won to each D by October 31, 2018,” and the said decision was finalized on October 16, 2018.

(Seoul Eastern District Court 2017Na27565 case).

On October 31, 2018, the Plaintiff paid the full amount of KRW 115,00,000 for the damages as above to D, and thereafter filed a lawsuit against D for the claim for reimbursement with the Suwon District Court. The said court rendered a favorable judgment against C, “C shall pay the Plaintiff KRW 57,50,000 and the damages for delay therefor,” which is “C shall pay the Plaintiff the amount of KRW 57,50,000 and the damages for delay (see, e.g., Supreme Court Decision 2018Da53522, Jun. 20, 2019). However, C filed an appeal, but the said judgment was dismissed (see, e.g., Supreme Court Decision 2019Na70780, Jan. 16, 2020).

(hereinafter referred to as “the claim for indemnity of this case”) d.

C On September 14, 2017, between the Defendant and each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) and the HH building I (hereinafter “instant housing”) in Gwangju City (hereinafter “instant purchase and sale reservation”) and each of the instant real estates.