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(영문) 인천지방법원 2016.01.15 2015가단29519

사해행위취소등

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1. The Defendants jointly share KRW 100 million with the Plaintiff and 15% per annum with respect thereto from June 2, 2015 to the date of full payment.

Reasons

Basic Facts

In Seoul High Court Decision 2008Na12219 (Main Office), 2008Na12226 (Counterclaim), the voluntary mediation was established on May 9, 2008, stating that “One Dong Integrated Construction Co., Ltd. (hereinafter “Nonindicted Company”) pays KRW 130 million to the Plaintiff by May 30, 2008.”

On August 13, 2007, the non-party company purchased each land listed in the separate sheet (hereinafter referred to as “each land of this case”) and all of the non-completioned buildings and materials on the ground as indicated in the separate sheet (hereinafter referred to as “instant sales contract”) owned by the Defendants from the Defendants, who were one-half shares on August 13, 2007, at KRW 850 million, and paid the down payment of KRW 200 million on the date of the contract, and completed the registration of ownership transfer for each land of this case

The Defendants filed a lawsuit against the non-party company seeking cancellation of ownership transfer registration on the ground of the cancellation of the instant sales contract on August 28, 2009, and the Seoul High Court 2008Na52262 decided on August 28, 2009 that “the non-party company is paid 200 million won and 5% interest per annum from the Defendants to the date of complete payment from August 13, 2007 to the date of complete payment, and at the same time the Defendants are paid 200 million won with respect to each land of this case by the Incheon District Court 9231 as of September 5, 2007.” The above judgment became final and conclusive around that time.

On September 15, 2009, the Plaintiff was issued a ruling of the seizure and collection order (hereinafter “instant collection order”) with respect to the claim for the return of the down payment amounting to KRW 200 million based on the above ruling as the claim against the non-party company, which was recognized through the above conciliation, as the claim amounting to KRW 100 million. The above ruling was served on the Defendants on October 16, 2009.

On August 2, 2010, the registration of ownership transfer made in the name of the non-party company on each of the land of this case was cancelled on August 2, 2010.

[Ground of recognition] There is no dispute.