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(영문) 부산지방법원 동부지원 2021.01.14 2019가합107127
사해행위취소
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 31, 2010, the Plaintiff determined KRW 100,000,000 to C as due date for payment, KRW 18% per annum on January 31, 201, and KRW 20% per annum on delay damages.

2) In addition, on June 1, 201, the Plaintiff agreed to jointly and severally pay to the Plaintiff KRW 50,000,000,000 as agreed upon upon the rescission of the sales contract for F land and buildings in Busan, Busan, with the Plaintiff at the rate of 20% per annum of the interest rate, 0.7% per annum, and delayed damages rate, respectively.

B. Disposition of each real estate listed in the separate sheet of this case

1. Real estate indication A: Each real estate (G kindergarten) of this case: The land and the building (G child care center) of the Busan Shipping Daegu H, Busan, and the building on such land;

2. The owner C of the above-mentioned A and B real estate shall sell the buyer’s property A and B (hereinafter referred to as “G”) to the buyer’s Defendant in entirety, and both parties shall be the buyer’s decent performance of each of the following terms and conditions agreed:

3. Contents G sales proceeds: The first intermediate payment made on September 3, 2015: KRW 100,000,000, and the second intermediate payment made on September 3, 2015: KRW 200,000,000, and the second intermediate payment made on September 30, 2015: KRW 700,000,000, and the balance paid on November 2, 2015: KRW 1,50,000,000,000.

C shall deliver to the defendant on November 2, 2015 all the rights and obligations with respect to the possession and operation rights of G (a kindergarten and a child care center) at the same time as the second intermediate payment is received.

The above loans established in G Child Care Centers are included in the purchase price, and the sale price of G Child Care Centers is set at around December 2015 and will transfer ownership and change the representative of G Child Care Centers.

The defendant shall pay C any balance of KRW 1,550,000,000 in installments as follows:

500,000,000 won as of February 28, 2016, 200,000 won as of February 28, 2017, 250,000,000 won as of February 28, 2017, which is paid on February 28, 2018, is divided into the total sales amount (2,050,000,000 won) of G Kindergartens and Child Care Centers as of February 28, 2019, and the total sales amount (2,050,000,000 won) of the supplies (50,000,000,000 won) at the time of ownership transfer, and is re-established at the time of ownership transfer, respectively.

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