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(영문) 서울남부지방법원 2019.07.16 2018가합103250
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 7, 2018, the Plaintiff lent KRW 400 million to D, and the Plaintiff’s decision of recommending reconciliation became final and conclusive that “D shall pay to the Plaintiff KRW 400 million up to August 31, 2018, and shall pay the amount unpaid at the time of default plus 18% interest per annum from February 19, 2018 to the date of full payment.”

(This Court 2018da221915). D did not pay to the Plaintiff any debt in accordance with the above decision of recommending reconciliation until now.

B. On January 9, 2018, E concluded a sales contract with the Defendants to sell real estate indicated in the separate sheet to KRW 2,120,00,000, out of the purchase price (hereinafter “instant sales contract”), 50,000,000, out of the down payment of KRW 230,000,000, out of the real estate indicated in the separate sheet, the remainder is the date of the contract; the provisional attachment No. 23, 105,40,000, and the provisional attachment No. 24, ( G creditors, H, I, J, 269,215, and the claim amount are revoked; and the registration of ownership transfer between the Defendants was made before the remainder of the debt amount of KRW 100,00,000,000,000 and KRW 208,000,000,000,0000,000,000,000 won and KRW 208,008,08,000.

C. According to the instant contract, the Defendants paid KRW 2,116,986,303 in total of the purchase price by directly paying the purchase price to D or paying the collateral security debt, etc., and completed the registration of ownership transfer on January 15, 2018. On March 11, 2018, the Defendants moved into real estate listed in the separate sheet.

The method of paying the amount by the sequence 1.

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