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(영문) 서울북부지방법원 2014.11.04 2014가단27118

사해행위취소등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. C filed a lawsuit against D, E, F, G, H, I, J, K, and L (hereinafter “D et al.”) with the Seoul Northern District Court Decision 2007Gahap11228, Nov. 13, 2008 (hereinafter “D et al.”) to pay KRW 265,110,000 from C, and upon receipt of payment from C, C with respect to each of the subparagraphs 201, 301, 701, and 1/9 shares of the M apartment as indicated in the attached Table (hereinafter “instant apartment”), and the above judgment became final and conclusive at that time.

B. On January 7, 2009, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2009Gahap1615, which sought payment of KRW 12,180,000 from July 26, 2005 to July 26, 2007, against C, and rendered a judgment in favor of the following purport, and the above judgment became final and conclusive around that time as the withdrawal of appeal.

(hereinafter) The amount recognized by the above judgment shall be 174,790,157 won [C shall pay to the Plaintiff the interest amount of KRW 86,790,157 (the principal amount of KRW 86,790,157 recognized by the judgment) and damages for delay calculated at the rate of 30% per annum from September 25, 2009 to the date of full payment]

C. On January 1, 2014, C prepared a sales contract between the Defendant and the Defendant to sell the instant apartment No. 201 to the Defendant KRW 180 million (the contract price of KRW 18 million is KRW 162 million on the date of the contract, the remaining purchase and sale price of KRW 162 million is to be paid on January 6, 2014). On January 1, 2014, between the Defendant’s pro-friendly job offering N and the Defendant’s 301 apartment of the instant apartment of KRW 180 million (the contract price of KRW 18 million on the date of the contract, the remaining purchase and sale price of KRW 162 million is to be paid on January 6, 2014).

C On April 2, 2014, between the Defendant and the sales contract on January 1, 2014.