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(영문) 수원지방법원 2018.03.21 2016가합77014

사해행위취소

Text

1. On October 20, 2015, Defendant I Co., Ltd and K entered into a contract with respect to the area of 6,965 square meters of woodland Lan-si Landong.

Reasons

Basic Facts

K filed a lawsuit against M, N, and Plaintiff B, C, E, F, G, H, etc. (hereinafter “M, etc.”) for partition of co-owned property as to O-owned forest land 40,070 square meters (hereinafter “instant land before the instant partition”) shared with M, etc. as the Suwon District Court 2005Kadan51293.

On November 8, 2007, the Suwon District Court rendered a judgment that K shall own the remaining 33,105 square meters of land owned by K and the remaining 33,105 square meters of land in the land before the instant partition, but K shall pay damages for delay calculated at the rate of 5% per annum from the day following the day when the judgment became final to the day of complete payment with respect to each of the money listed in the following table to M, etc., and the above judgment became final and conclusive on June 1, 2008.

(hereinafter “the instant judgment”). Of the land before the instant partition, which K agreed to own in the instant case, the 6,965 square meters of the land prior to the instant partition was divided into the Suwon-si L on September 18, 2008.

(hereinafter “The amount of the instant net name (won) No. 1 M 102,963,002 B B 102,963,000 C 102,963,963,000 N 36,339,8835 E 6,056,647,6476,647,647 total 41,852,000 land”). The Plaintiff succeeded to the said claim against KR on November 29, 2008 following the inheritance by agreement division, and the Plaintiff D succeeded to the said claim against NA on May 18, 2009 through inheritance by agreement.

With respect to the portion of 1/5 shares in the land before the division of this case, the establishment registration of a mortgage on October 25, 2006, the maximum debt amount of 187,500,000 won, the debtor P, P, P, P, and R was completed on October 25, 2006, the maximum debt amount of 700,000,0000 won, the debtor, K, and P, the debtor, K, and P, the establishment registration of a mortgage on September 10, 2010, the maximum debt amount of 60,000,000,000 won, and the debtor, P, and P and P, the establishment registration

Defendant I Co., Ltd. (hereinafter “Defendant Company”) purchased the instant land from K for KRW 1,00,000,000 (hereinafter “instant sales contract”) on October 22, 2015 (hereinafter “instant sales contract”).