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(영문) 수원지방법원 2016.01.21 2014가합72312
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant and B were married, and on June 12, 2012, entered into a divorce agreement with the following terms (hereinafter “instant divorce and division of property”). On July 17, 2012, the Defendant and B filed a divorce report with the Sungwon District Court Branch 2012No. 1421.

The husband of the divorce agreement: Defendant B and the Defendant have the honor to agree on the division of property and consolation money according to the divorce as follows:

Agreed Matters

1. B and the Defendant are to file a divorce by June 30, 2012.

2. B is the division of property to complete the registration of transfer of ownership with respect to 3/5 shares among the 3/5 shares in the interesting Gu C, D, and E in the event that the court confirms the intention of divorce.

In the case of sale of each of the above real estate (the current market price of 11 billion won), 3.5 billion won out of the sale price shall be paid regardless of the decline in the market price of the real estate, and if part of the sale price is received as movable property and real property other than cash, it shall have ownership equivalent to 3.5 billion won on such property

3. B must pay consolation money to the Defendant in the amount of KRW 500 million by August 31, 2012.

(hereinafter omitted)

B. On January 30, 2013, B: (a) part of the land on which F and one other and one other, F and one other, K are divided into JJ large 91 square meters, K large 333 square meters on April 3, 2015; and (b) thereafter, this land was combined with D large 213 square meters on April 8, 2015, E large 726 square meters, L large 209 square meters, and M large 6 square meters on April 8, 2015.

In other words, a sales contract was concluded to sell two lots of land (hereinafter collectively referred to as “each of the instant real estate”) and two buildings on the ground (hereinafter referred to as “instant sales contract”) for KRW 7.47 billion.

B The registration of transfer of ownership was completed to F on May 8, 2013 by the Suwon District Court's Registration Office of Magwon District Court No. 70672, which was received on May 8, 2013.

C. F, H (hereinafter “H”), and H representative director I, on May 7, 2013, do not exceed the remainder of the purchase and sale amounting to KRW 1.37 billion under the instant sales contract of F, as of May 7, 2013.

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