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Reasons
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(영문) 서울중앙지방법원 2018.06.01 2017가합509732
사해행위취소
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1. Defendant B’s KRW 142,148,00 for the Plaintiff and 5% per annum from January 1, 2017 to February 27, 2017.

Reasons

1. Basic facts

A. On April 8, 2013, the Plaintiff entered into a contract between the Plaintiff and the Defendant B to purchase from Defendant B an amount of KRW 340 million (excluding value-added tax and KRW 68 million on the day of the contract) (hereinafter “instant sales contract”).

B. The Plaintiff and the Defendant B requested the Plaintiff to cancel the instant sales contract on August 2014. (2) The Plaintiff and the Defendant B agreed to cancel the instant sales contract on June 24, 2015, and Defendant B agreed to pay the Plaintiff the down payment amounting to KRW 68 million paid by the Plaintiff to the Plaintiff according to the instant sales contract, and KRW 130 million paid by the Plaintiff to the Plaintiff (payment of KRW 60 million up to August 31, 2015, KRW 70 million, and KRW 68 million and the down payment of KRW 68 million up to December 31, 2015).

According to the above agreement, Defendant B paid KRW 60 million to the Plaintiff.

3) On June 10, 2016, the Plaintiff and Defendant B agreed to pay to the Plaintiff KRW 142,148,000 by December 31, 2016 (hereinafter “instant agreement”).

(C) The trust contract and the registration of Defendant B are the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) on April 10, 2015.

(C) each of the real estates listed in the separate sheet (hereinafter referred to as “instant real estate”).

2) As to the real estate security trust agreement (hereinafter “instant trust agreement”)

A) On the same day, the Defendant International Asset Trust entered into an agreement and completed the ownership transfer registration based on the said trust (which was received on April 10, 2015 by the Kanwon District Court Kanwon Branch Office of 65698) on the same day. [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 5 (including a serial number, the purport of the entire pleadings)

2. The plaintiff's assertion B is the case.

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