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(영문) 서울중앙지방법원 2015.07.01 2014나21846
사해행위취소
Text

1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

Facts of recognition

C's pro-friendly D lent KRW 85.3 million to C on May 28, 2007.

D On August 23, 2012, the Plaintiff transferred the loan claims to C to the Plaintiff, and notified C of the transfer of the above credit by content-certified mail on August 27, 2012.

The Plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2013Kadan21275, and the appellate court of the instant case rendered a judgment on May 20, 2014 that “C shall pay to the Plaintiff the amount of KRW 85.3 million with interest of KRW 20% per annum from January 11, 2013 to the date of full payment,” and the said judgment became final and conclusive around that time.

(1) The terms and conditions of the agreement are as follows: (a) C and the defendant et al. are the deceased E’s successors (male and children) and currently the real estate in this case are jointly liable for the loan of KRW 60 million to financial institutions and KRW 220 million to KRW 20 million ( KRW 65 million to KRW 30 million to KRW 65 million to the left-hand side of the ground floor); and (b) KRW 85 million to KRW 40 million ( KRW 101 to KRW 30 million to KRW 10 million to KRW 45 million to KRW 65 million to KRW 65 million to KRW 25 million to KRW 25 million to the 200 million to the 200 million to the above deceased’s death) and the lease deposit raised by C from the lessee after the death of the deceased.

(2) The heir of the instant real estate shall register the instant real estate by agreement between C and the defendant.

3. The successors agree to the sales amount less all the registration expenses and taxes due to the above paragraphs (1) and the division by consultation, 30% of the shares in C after the settlement of agreement, and 70% of the shares in the defendant, etc.

(4) If a purchaser and a lease contract are concluded, C shall pay an amount equivalent to 30% of the share for C in the instant real estate 102 possessed and used by the purchaser, and if a lease contract is entered into with the purchaser, C shall refund the remainder after deducting the deposit for lease on a deposit basis from 30% of the share for C.

(5) If this agreement is promised to be implemented, C shall withdraw a lawsuit, and the defendant, etc. shall consent thereto.

(6) The time of sale shall be October 2013.

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