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(영문) 수원지방법원여주지원 2017.10.25 2016가합27
사해행위취소
Text

1. Each trade reservation entered into on October 21, 2015 with respect to each real estate listed in the separate sheet No. 1 attached hereto between the defendant, C, and D;

Reasons

1. Basic facts

A. On January 7, 2012, C and D (hereinafter “C, etc.”) entered into a contract with the Plaintiff, etc. on the sale and purchase of the purchase price at KRW 2,400,000,000 (hereinafter “instant H land”) with the Plaintiff, etc. jointly owned by the Plaintiff, etc. (hereinafter “Plaintiff, etc.”) (the appointed party”), E/100 shares, E/10 shares, 25/100 shares, Selection25/100 shares, Selection F, and 33/100 shares, respectively), and the main contents thereof are as follows.

Article 3 (Methods of Payment) The sale price shall be paid as follows:

Contract deposit 250,000,000 won [the remaining KRW 50,000,000 shall be paid at the time of conclusion of the contract and the remaining KRW 200,000,000 shall be withdrawn and paid for the deposited deposit] part payment of KRW 100,000 [the remainder of KRW 300,000,000 shall be paid without fail within 20 days from the date of conclusion of the contract]

[) The remainder amount of KRW 2,500,000 [the remainder amount shall be paid within one month from the date on which the final judgment (resolution or decision) with Nonparty I in the dispute over ownership was pronounced] Article 5 (Land Rent) is not included in the land rent from April 20, 2009 that the Plaintiff et al. acquired real estate and the subsequent claim is made by the Plaintiff et al., jointly and severally, in proportion to KRW 100,000 per annum.

B. C, etc. paid 50,000,000 won as part of the down payment to the Plaintiff, etc. on the day of the instant sales contract. In the Incheon District Court 2015 Gohap5014 (Main Lawsuit) and 3514 (Counterclaim) with respect to the instant sales, the said court shall jointly and severally pay the Plaintiff, etc. the money calculated at the rate of 1% per annum from October 12, 2012 to June 16, 2015, calculated at the rate of 20,000,000 won per annum from April 20 to January 7, 2012 from April 2009 to January 7, 2012.

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