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(영문) 대구지방법원 포항지원 2018.10.16 2017가단104369
사해행위취소
Text

1. The sales contract concluded on December 24, 2012 between the Defendant and A with respect to the real estate listed in the separate sheet was 132,864.

Reasons

1. On July 24, 2009, a contract was entered into with A for construction work that newly constructs “B-B-B-B-B-B-D” on the land listed in the separate sheet (hereinafter “instant land”) between A and A on the ground that the gold decoration comprehensive construction (hereinafter “the instant construction”) was executed by setting the contract amount of KRW 1,050,000 as the construction cost.

On the other hand, the Plaintiff filed a lawsuit for the payment of the price for the gold fumi case as Daegu District Court Branch Branch 2011Kadan10103, and on November 11, 2011 in the instant case, the conciliation was established that “The gold fumi case shall pay the Plaintiff KRW 62,898,080 to the Plaintiff at the end of each month from January 31, 2012 to June 30, 2012, KRW 10,000 shall be paid at the rate of KRW 12,898,080 shall be paid on June 30, 2012, which is the last payment date, by adding the delay damages at the rate of 20% per annum from the following day after the payment date (hereinafter “instant conciliation”).

By January 31, 2012, the Geum Ho case lost the benefit of time, and thereafter did not pay all the money following the instant conciliation to the Plaintiff by failing to pay the money in installments following the instant conciliation.

On the other hand, on June 7, 2012, as Busan District Court Branch Branch 2012Da1998, A applied for a payment order of KRW 850,000,000 for the remainder of the construction cost of this case from the above court on June 8, 2012, “A shall pay 850,000,000 won to Geum Sejong case and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment (hereinafter “instant payment order”), and this was finalized on June 28, 2012.

The Plaintiff is the principal and principal of KRW 73,003,017 according to the instant protocol of mediation.

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