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(영문) 서울서부지방법원 2017.08.22 2015가단205713 (1)

사해행위취소

Text

1. The sales contract concluded on September 1, 2014 between the Defendant and C is KRW 47,45,000.

Reasons

1. Facts of recognition;

A. On April 24, 2014, the Plaintiff supplied KRW 2,455,00 to C with the same month on the 25th of the same month. On August 1, 2014, upon entering into a contract for sale of KRW 40,000,000 in a lump sum between C and his household, C agreed to pay a penalty of KRW 5,00,000 per month if C does not bring about a household by the 30th of the same month, a penalty of KRW 10,000 per month if C does not pay the purchase price, and even 10,000,000,000 won per month if C did not bring to a household, the Plaintiff was sentenced to KRW 10,00,000,000,000,000,000 for sales price and KRW 10,3249,45,205,205,205,205,205.

B. C’s disposal disposition was divorced with the Defendant on April 24, 2007, and on September 1, 2014, the Defendant entered into a sales contract with the effect that real estate listed in the separate sheet (hereinafter “instant real estate”) was sold in KRW 270,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on October 14, 2014 to the Defendant.

However, the sales price was reported to the tax authority as KRW 513,00,000.

C. At the time of the conclusion of the instant sales contract, C’s active property as C’s value was KRW 517,48,410, the instant real estate, value of which was KRW 16,485,00, and KRW 1/4 shares, value of which was KRW 335,00,000, and KRW 2304,000 among the instant real estate, value of which was KRW 16,48,410.

On the other hand, C’s small property is the maximum debt amounting to F in total of KRW 423,00,000 for the collateral security debt regarding the instant real property, and KRW 400,000 for G.