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(영문) 인천지방법원 2015.04.28 2013가합21334

사해행위취소등

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff concluded the instant sales contract and completed the instant sales contract (hereinafter “Defendant Company”). The Plaintiff is only Defendant Pyeongtaek Industrial Development Corporation (hereinafter “Defendant Company”).

(2) Of the buildings built and sold by the Seo-gu Incheon Metropolitan Government, No. 205 (hereinafter referred to as the “instant building”) among the buildings built and sold by the Government, the building is “the instant building,” and the said No. 205 is “the building, 205.”

) The sales contract of this case was agreed to sell the sales price of 1,10,262,00 won (hereinafter “instant sales contract”).

(3) The Plaintiff paid KRW 22,052,40 as the intermediate payment on the day of the contract by June 10, 2013, the intermediate payment of KRW 222,052,40 for the second intermediate payment of KRW 55,131,00,00, which was paid by June 10, 2013, until the end of the contract. (4) The Plaintiff may rescind the contract when the performance of the contract is delayed for more than three months from the original scheduled date due to a cause attributable to the Defendant Company, or when the contract is rescinded on the grounds of the foregoing paragraph (3), the total amount of KRW 5,131,00,00, which was paid by the Defendant Company as the intermediate payment of KRW 11,02,40 until July 22, 2013.

B. 1) However, prior to the date of the instant parcelling-out contract, there was a legal relationship on the register of the building No. 205 as follows (hereinafter referred to as “legal relationship prior to the parcelling-out contract”).

(A) On May 15, 2013, 15, 2013. (1) 1. The mortgagee of a right to collateral security, the Saemaul Bank of Korea, the debtor H, the maximum debt amount of KRW 438,360,00, and 2.3 other than the mortgagee I, the debtor company, the debtor company, and the maximum debt amount