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(영문) 서울중앙지방법원 2015.08.20 2013가단5192479
사해행위취소
Text

1. Extraordinary Co., Ltd.: 21,100,000 won and its objection on September 27, 2012 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 14, 2012, the Plaintiff entered into an exchange contract with the Defendant Company with the following terms and conditions (hereinafter “instant exchange contract”).

At the time of the instant exchange contract, both the Plaintiff and the Defendant were not the registrant of the exchange object.

The plaintiff had the right to claim ownership transfer registration against L and M, who is the registered titleholder, and the defendant company also participated in the auction and was in the status of the highest bidder.

The terms "A" (referring to the plaintiff) and "B" (referring to the defendant) shall enter into a real estate exchange agreement under mutual agreement as follows:

1. “A”-type C, D, E, F, G 673.7 square meters (hereinafter “the H real estate in this case”) at the location of the article

2. The amount of KRW 40 million in the bank, private financing, deposit money, 40 million in the present state on May 24, 2012 shall be the same as the current state of the defect amount in the present state, and the amount of KRW 200 million in the loan of “B” shall be the current state on the above date, which is the loan of KRW 103,501 (hereinafter “instant apartment”).

3. Upon entering into this exchange contract, Party A shall pay the exchange difference to “B” under agreement between the parties to the contract.

The exchange difference shall be paid in June 15, 2012, the exchange difference shall be 0 million won, and the exchange difference shall be paid.

Article 1 (Transfer of Ownership) "A" and "B" shall, at the same time as the balance of the exchange difference is received, deliver all documents concerning the transfer of ownership and other rights to the other party, and if the exchange difference does not occur, they shall exchange all documents on the date of the exchange of goods.

Special Agreement Matters: "A" and "B" shall confirm all the details of each real estate and enter into this exchange contract.

The term "A" shall be issued to a person designated by "B" with all documents for the sale of the real estate of "A" and shall be issued with the waiver of the real estate of "A", and a document for the transfer of rights.

The loan of “B” real estate shall be made.

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