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(영문) 수원지방법원 2015.11.04 2014나45765
사해행위취소 등
Text

1. Revocation of a judgment of the first instance;

2. On April 5, 2013, the claims indicated in the separate sheet between the Defendant and the deceased C are related to the claims indicated in the separate sheet.

Reasons

1. Basic facts

A. On December 22, 201, E, the husband of the Plaintiff, entered into a sales contract with the deceased on December 22, 201, setting the sales amount of KRW 420 million with respect to F apartment 204, 401 (hereinafter “instant apartment”), and agreed that KRW 190,000,000,000 for the down payment shall be paid on the date of the contract, and the intermediate payment of KRW 180,000,000,000,000 shall be paid to the Plaintiff by succession to the secured debt of the Korea Telecommunication Bank’s mortgage (hereinafter “instant apartment”) established by the deceased C as to the instant apartment, and the remainder of KRW 50,00,000 shall be paid to the Plaintiff by March 31, 2012 by the deceased C.

B. Under the above agreement, the deceased C paid the down payment KRW 190 million to E on the day of the said sales contract, and completed the registration of ownership transfer on the instant apartment on December 29, 201, based on the said sales contract.

C. On March 21, 2013, E, representing the network C, sold the instant apartment at KRW 375 million to D, and agreed to receive the remainder KRW 100 million on the date of the contract, and the remainder KRW 275 million on the date of the contract, respectively.

E, on March 21, 2013, received down payment KRW 100 million from D on behalf of the network C, and with the above money, the said money repaid the secured debt amount of KRW 100 million of the Korea Liber golf Limited Co., Ltd. with respect to the apartment of this case and cancelled the said collateral security.

E. On April 5, 2013, the network C transferred to the Defendant the claim amounting to KRW 275 million against D for the remaining purchase price (hereinafter “instant claim”). On the same day, the Defendant, entrusted by the network C, notified D of the fact of the assignment of the claim on the same day.

F. On August 1, 2013, the deceased on August 1, 2013, and as wife I, children J, and K filed a declaration of renunciation of inheritance with the Seoul Family Court of 2013 Madan9505, the deceased’s heir, G, and H inherited the network C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 9, 11 (including branch numbers, hereinafter the same).

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