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(영문) 서울고등법원 2015.11.12 2015나3664
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The Plaintiff is a company with the purpose of wholesale and retail business, etc., and C is a personal business operator who engages in the business of manufacturing the goods price claim under the trade name of "D."

The Plaintiff continued to supply the pertinent goods to C from around 2003 to July 201, and on July 2, 2011, the balance of the goods-price claim held by the Plaintiff against C is KRW 135,380,480.

On December 2, 2010, C, including the disposal of real estate, concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to sell the purchase price of KRW 422,80,000 (50,000 for contract and intermediate payment of KRW 120,000 until December 15, 2010, KRW 252,80,000,000 for each of the real estate listed in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list in the separate list.

At the time of the conclusion of the instant sales contract, the establishment registration of mortgage in the name of the agricultural cooperative that became the debtor C (hereinafter “each of the instant mortgages”) was completed as of December 28, 2009, with respect to the instant 4 through 17 real estate, the maximum debt amount of KRW 50,000,000, and the neighboring mortgage registration in the name of the debtor C.

On the other hand, B, prior to filing a lawsuit seeking divorce and division of property against C, B, prior to the filing of the lawsuit against C, filed an application for provisional injunction against disposal as the district court 2009 business group534 with respect to the claim for division of property based on divorce as to each of the 1/2 shares of the instant 2, 4 through 8, 11, 13, 14, 15, 17, and 17, and filed an application for provisional injunction against disposal as the preserved right. On December 28, 2009, as the provisional injunction was decided on December 28, 2009, H, as part of ownership (1/2) was registered as the provisional injunction against each of the said immovables (hereinafter “each of the instant provisional dispositions”).

C and the defendant are special terms and conditions at the time of entering into the instant sales contract, and C are down payment and intermediate payment from the defendant.

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