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(영문) 대전지방법원 천안지원 2018.04.11 2017가단109720

사해행위취소

Text

1.In terms of 3/7 shares in respect of the real estate recorded in the Schedule 1 annexed hereto,

A. On October 1, 2015, between Defendant BD.

Reasons

1. Basic facts

A. On January 12, 2012, the Plaintiff, owned by the Plaintiff, completed the registration of ownership transfer with respect to F forest land of 14284 square meters, G field 298 square meters, G field 298 square meters, H field 182 square meters, and 5723 square meters prior to I (hereinafter “each of the instant lands”).

B. Sales contract between the Plaintiff and E

1. Omitted;

2. A seller: A purchaser of the relevant article: E.

3. Omitted.

4. Contract deposit: The buyer of KRW 12,000,000 shall be paid KRW 12,000,000 to the seller as the contract deposit.

5. Balance: 688,00,000 won shall be paid to a seller by October 30, 2015. If the buyer is unable to pay any remainder within the said period to a seller, the remaining amount shall be reverted to the seller and the amount of KRW 12,00,000,000 shall be reverted to the seller.

6. through

10. The seller shall comply with the request of the buyer to provide a security in the financial sphere to facilitate the business within this land.

Provided, That the loan of security shall be limited to KRW 100,000 ( KRW 100,000) per day.

However, the amount of 00 million won per day is the amount borrowed by the purchaser, not the intermediate payment.

The purchaser shall bear the interest expenses provided as security.

(the date of receiving a loan from a bank), except where the purchaser wishes to provide security to pay any balance.

(A) only a loan to transfer ownership. In the event that the buyer breaches the contract (if the payment of the balance is not possible within the due date), the sales contract shall be automatically terminated, and the contract shall be paid to the seller, which shall be the double of the daily 00 million won, and shall be charged to the buyer.

11.In order to secure the above paragraph 10, the buyer and the three joint and several sureties shall prepare a loan certificate and provide it to the seller after notarized.

12. On April 1, 2015, the Plaintiff entered into a sales contract for selling each of the instant land to E (hereinafter “instant sales contract”) with D as a real estate broker, and the Plaintiff entered into a sales contract for selling each of the instant land to E (hereinafter “instant sales contract”).

In this case.