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(영문) 서울중앙지방법원 2018.11.28 2017가합545424
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The status C of the parties is the one who was the owner of each real estate listed in the separate sheet No. 1 or 3 (hereinafter referred to as the “real estate No. 1 of this case” or the “third real estate of this case,” collectively, and Defendant A is the husband of Defendant C, and Defendant B is his father.

B. 1) C Co., Ltd. (hereinafter “D”) on December 31, 2013.

B) As to the instant real estate No. 1, the sales contract was concluded between the Plaintiff and the Plaintiff, setting the sales amount of KRW 3,150,000,000 (hereinafter “instant sales contract”).

(2) On December 2, 2014, C respectively received KRW 320,00,000 as the down payment on December 31, 2013 from D, and KRW 2,830,00,000 from February 10, 2014. On February 10, 2014, C completed the registration of transfer of ownership in D’s name as the receipt of the Seoul Central District Court’s registration No. 31592, Feb. 2, 2014; 2) between E and F, for the instant real estate No. 2, and E and F, concluded a sales contract with KRW 647,00,00 for the purchase price on the instant real estate, and E and F agreed to pay KRW 400,000,00 among the purchase price on condition that E and F accept the obligation to return the lease deposit from C to an existing lessee.

(2) On February 5, 2014, C received KRW 15,00,000, which is part of the down payment, from E and F, on February 2, 2014, and KRW 100,000,000, in total, the remainder of the down payment and the intermediate payment on February 3, 2014, and KRW 132,00,000,000, respectively, on February 5, 2014. On February 5, 2014, C completed the registration of ownership transfer in the name of E and F, respectively, under the name of the Seoul Central District Court’s registration No. 27601, respectively.

3. On January 9, 2014, while entering into a sales contract with G and H setting the purchase price of KRW 2,900,00,000 with respect to the instant third real estate between G and H, G and H are the obligation to return the lease deposit to the existing lessee from G and H.

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