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(영문) 인천지방법원 2016.06.09 2014가단14138

사해행위취소등

Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on February 8, 2010 between the Defendant and C is concluded.

Reasons

1. Basic facts

A. A. On November 15, 2007, C entered into a sales contract with the Plaintiff as the representative of the deceased D (the deceased on February 3, 2010, hereinafter “the deceased”). On the other hand, in the Seo-gu Incheon, Seo-gu, Incheon, owned by the deceased, the Plaintiff and four parcels of land, including the deceased, for the purchase price of KRW 927,50,000 (hereinafter “Plaintiff’s sales contract”).

B. As to each real estate listed in the separate sheet, C completed the respective registration of ownership transfer on or around January 17, 2008 and October 27, 2009 due to the inheritance by agreement and division as of July 23, 199, and C completed each registration of ownership transfer on or around October 27, 2009. On February 25, 2010, 1754 received as of February 8, 2010 (hereinafter “instant sales contract”), each registration of ownership transfer (hereinafter “instant registration of ownership transfer”) was completed in the future of the Defendant.

[Ground for Recognition: Facts without dispute, Gap 1, 2, 6, 8, 9 (including each number, if any); hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination

A. According to the respective statements and arguments in Gap 5, 8, 9, and 11 as to the plaintiff's sales contract, there is no dispute between the parties to the contract, or according to the purport of Gap 5, 8, 9, and 11 as to the plaintiff's sales contract, Eul entered into a sales contract with the plaintiff and received 300 million won down payment from the plaintiff on November 15, 2007, which is the date of conclusion of the contract. The plaintiff filed a lawsuit against Eul for the return of down payment under the court 2014Ga7311, and the procedure was conducted by service due to the uncertainty of Eul's whereabouts. "C shall be 30 million won and 5% per annum from November 15, 2007 to November 29, 2014, and 200% per annum from the next day to the date of full payment." The judgment of the plaintiff 250 million won in full becomes final and conclusive.

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