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(영문) 수원지방법원성남지원 2015.09.08 2014가단215719
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 12, 2013, the Plaintiff filed a payment order with C to request the payment of the loan, and “C shall jointly and severally with D to the Plaintiff at the rate of 20% per annum from the day following the delivery date of the payment order for KRW 40,50,000 to the day of full payment,” and the said order was finalized on November 5, 2013.

B. On December 16, 2013, the Plaintiff received a decision to commence compulsory auction on the instant building owned by C based on a claim based on the above payment order, and completed the registration of the decision to commence compulsory auction on the instant building on December 17, 2013 (hereinafter “registration of the decision to commence compulsory auction”).

On December 30, 2013, upon C’s request, the Plaintiff extended the period of repayment to October 30, 2014. After receiving a notarial deed of a monetary loan for consumption including the above contents, the Plaintiff completed the registration of cancellation of the registration of the compulsory auction decision on January 20, 2014.

C. 1) On January 16, 2014, C and the Defendant: (a) the instant building and the relevant site, Gwangju City F&321 square meters (hereinafter “instant land”); and (b) the instant building are combined with the instant building, each of the instant real estate “.”

(2) The Defendant entered into a contract to sell the purchase price of KRW 879 million (the purchase price of KRW 88 million) to the Defendant on April 9, 2014 and KRW 726 million (hereinafter “instant contract”) (hereinafter “instant contract”).

The terms and conditions of the instant sales contract include the following:

- - Sound

1. Sales contract for the current status of facilities;

2. Of the purchase price, the current lease deposit (466 billion won) and loans (240 million won) shall be deducted from the balance and the present lease agreement shall be succeeded by the Defendant.

The contents of the present lease shall be added separately.

3. 5 million won, out of the down payment, shall be paid at the time of the contract, and the remainder of 83 million won shall be the building registry of this case.

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