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(영문) 대전지방법원천안지원 2014.04.04 2013가합100173

사해행위취소

Text

1.(a)

On November 22, 201, it was concluded between the defendant and B with respect to each real estate listed in the separate sheet Nos. 1 through 10.

Reasons

1. Facts of recognition;

A. The Plaintiff notified B of the payment of taxes as follows, but B did not pay the taxes up to the date. Accordingly, the amount of tax claims held by B as of January 14, 2013 is as follows.

B. On March 5, 2008, the Defendant: (a) lent to C the amount of KRW 100,000,000 on March 5, 2008; (b) KRW 70,000,000 on March 14, 2008; and (c) KRW 40,000,000 on April 4, 2008, respectively, as the due date for repayment of KRW 40,000 on May 4, 2008.

C. However, upon C’s failure to pay the above money by the due date, on May 6, 2008, B prepared and delivered to the Defendant a joint and several payment note with the purport that C would pay the above money by May 15, 2008, and on November 26, 2010, C would pay 300,000,000 won interest in arrears to C by December 30, 2010.

B was unable to pay the above money to the Defendant by December 30, 2010, and on June 22, 2011, if the Defendant is unable to pay KRW 300,000,000 by September 30, 201, the Defendant prepared a letter of performance to provide the real estate owned by B as a substitute and issued it to the Defendant.

E. B failed to repay to the Defendant KRW 300,00,000 by the due date stipulated in the above performance sheet, and B entered into a pre-sale agreement with the Defendant on November 22, 201 with respect to each of the real estate listed in the separate sheet Nos. 1 through 10 (hereinafter “each of the instant real estate”). On November 24, 2011, the Defendant completed the registration of the right to claim ownership transfer on November 24, 201 with respect to each of the instant real estate as the grounds for the instant pre-sale agreement with respect to each of the instant real estate as to the Seoul Southern District Court’s registration office as Seoul Southern District Court No. 82509, Nov. 24, 2011.

F. On May 22, 2012, B entered into a sales contract with the Defendant for each of the instant real estate (hereinafter “instant sales contract”), and the Defendant on May 22, 2012.