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(영문) 부산지방법원 2017.06.15 2016가단326436

사해행위취소

Text

1. It shall make a pre-sale agreement concluded on April 28, 2016 between C and the Defendant regarding the real estate listed in paragraph 6 of the Attached List.

Reasons

1. Facts of recognition;

A. On July 30, 2014, the Plaintiff entered into a lease agreement with C to lease KRW 101,00,000 as stated in [Attachment List 6] with C, with a view to setting the lease deposit as KRW 600,000.2) The Plaintiff agreed to terminate the lease agreement with C while the Plaintiff paid KRW 500,000 to C as the lease deposit and did not pay the remainder of KRW 100,000,000,000,000 to the Plaintiff, and C did not pay the remainder of KRW 375,000,000 to the Plaintiff.

3) In the instant case No. 2015Gahap4934 on December 3, 2015, the Busan District Court rendered a decision in lieu of conciliation that “C shall pay to the Plaintiff KRW 315 million up to May 31, 2016. If C does not pay the said money, it shall pay the unpaid amount plus the amount calculated at the rate of 15% per annum from June 1, 2016 to the date of full payment.” The said decision became final and conclusive on December 22, 2015, and (4) C did not pay the Plaintiff KRW 315 million up to May 31, 2016.

B. C’s reservation 1) On April 28, 2016 between C and the Defendant to purchase and sell the real estate indicated in attached Table 6 (hereinafter “instant real estate”) between C and the Defendant.

(2) The term "sale reservation" (hereinafter referred to as "sale reservation of this case") shall be

The provisional registration stated in the order of this case (hereinafter referred to as the "provisional registration of this case") was concluded against the defendant.

(2) On April 28, 2016, C entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet Nos. 1, 2, and 3 as well as the real estate indicated in the separate sheet Nos. 1, 3,505 square meters before D, Kimhae-si, Kimhae-si, 1,505 square meters before D, Kimhae-si, 43 square meters before Kimhae-si, and 16 square meters (hereinafter collectively referred to as “Hi real estate”), and the Defendant was issued a pre-sale agreement on May 24, 2016.