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(영문) 광주지방법원 2019.05.30 2017가단29533
가액배상 및 사해행위취소
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. (1) The Plaintiff’s father F purchased land on behalf of the Plaintiff on July 5, 2014 on behalf of the Plaintiff and thereafter constructed an apartment building; the Plaintiff’s father F was divided into 3,062 square meters from 3,062 m2, Jeonnam-gun, Chungcheongnam-gun, the Plaintiff owned on May 18, 2015 to 1, and the land category was changed to 38 m2 square meters from 3,062 m2, Jeonnam-gun, the Plaintiff was divided into 1 on September 10, 2015;

H The sales contract of this case, at the time of the conclusion of the sales contract of this case, states that the subject matter of the sale is 165 square meters in the form of JJ in Hagu-gu, Hagu-nam. However, the said J land is 569 square meters in its size on the register, and H large 147 square meters was divided from the said J land on August 12, 2014.

The Plaintiff and Defendant E were divided through an agreement made on August 27, 2015, and only the land, which was the land after the accident, as the subject matter of the instant sales contract.

(hereinafter “instant land”) agreed to sell the pertinent land (hereinafter “instant sales contract”).

In relation to the instant sales contract, a real estate sales contract, the sales price of which is KRW 300 million, and a real estate sales contract, the sales price of which is KRW 400 million, were

The main contents of each real estate sales contract above are as follows:

A real estate sales contract in which the purchase price is KRW 300 million (hereinafter referred to as “the first contract of this case”).

1. As to the registration of transfer of ownership

(a) all rights, powers, and responsibilities with respect to the construction of the above land shall be covered by E until completion;

Until completion of construction, the Plaintiff shall bear all of the interest costs on the above land.

B. The Plaintiff will cooperate with respect to the construction work by allocating the employee reduction to E, limited to the location lot number of the above paragraph (a) and until the completion of the building.

(c)the use of an employee under subsection (b) above shall be limited to the matters relating to construction permission and may be used in respect of the construction cost.

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