사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure
2. The amendment or addition of the parts in the judgment of the court of first instance is the change of the 4th to the 11th one as follows.
Article 3 [Conditions for Payment of Contract Amount and Sales Price] (1) The fixed contract for acquisition of shares and management rights in B shall be concluded on the date on which the first minute 2.3 billion won for the land price in this case is paid.
(2) The purchase price of stocks shall be KRW 340 million, and the down payment shall be paid KRW 34 million at the time of concluding a contract.
(3) One minute of the land price and 2.3 billion won shall be deposited into the passbook B.
(4) The remainder of the remainder of the land price shall be two billion won, subject to mutual agreement, on the date of the first installment payment of the land price.
(5) Any balance of stock price shall be paid 3.6 million won within one month after the payment of land price is made in full.
Article 4 [Actual History and Consultation] The plaintiff may conduct an inspection necessary for the transfer and takeover of the shares and management rights of B, and at this time, B shall provide all information and documents requested by the plaintiff, and shall comply with the request of the plaintiff in good faith.
Article 7 [Cancellation of the Written Understanding] (1) B and the Plaintiff shall faithfully implement the Written Understanding.
(2) This Understanding shall be deemed to have been terminated if a provisional disposition of prohibiting the disposal of real estate has been cancelled and the price of land has been fully paid, except where a contract is terminated upon request of B or the Plaintiff.
The following shall be added to the 6th judgment of the first instance.
“B. B and the Plaintiff’s litigation relationship 1) B filed a claim against the Plaintiff for the usage fee of the instant land and preliminaryly, the instant land sale and usage fee contract, and the instant conciliation protocol and the instant conciliation protocol.