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(영문) 서울중앙지방법원 2018.07.03 2017가단5133683
사해행위취소
Text

1. The sales contract concluded on June 12, 2017 with regard to the row housing stated in the separate sheet between the defendant and C shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) Claim against C, including rent, etc., is filed against C with Seoul Western District Court Decision 2015Da223780, Seoul Western District Court Decision 2015Kadan223780 (hereinafter “instant lawsuit”).

(C) On April 21, 2016, upon receipt of the following judgment, C filed an appeal with the same court 2016Na33671, but the appeal was dismissed on November 17, 2016, and the said judgment became final and conclusive on December 7, 2016 (C).

A. From 92,00,000 won to 59,670,180 won and its equivalent, 5% per annum from 19 October 19, 2015 to 21 April 201, 2016; and 15% per annum from the next day to the date of the delivery of Yongsan-gu Seoul Metropolitan apartment E; and simultaneously deliver the above building at the same time, with the payment of the remaining money calculated by deducting the amount of money calculated by 15% per annum from the Plaintiff to the date of the delivery

(b) pay 59,670,180 won and the remainder after deducting 5% per annum from October 19, 2015 to April 21, 2016, and 92,00,000 won per annum from the amount calculated at the respective rates of 15% per annum from the next day to the day the delivery is completed;

(c) pay 1,500,000 won per month from July 20, 2015 to the date on which the delivery is completed.

[2] By February 6, 2017, the date of India, the Plaintiff, even after deducting all KRW 92,00,000 from the lease deposit amounting to KRW 92,00,00,00, has the Plaintiff’s claim for return of 4,156,924 won or unjust enrichment equivalent to the lease deposit. 2) The Plaintiff filed an application for confirmation of the amount of litigation costs with the Seoul Western District Court 2017Kao5082, and was finally confirmed on August 8, 2017, that the amount of litigation costs to be repaid by C according to the judgment on the pertinent lawsuit in this case was KRW 2,268,647.

3) From February 2, 2015 to January 2, 2017, the Plaintiff paid 9,720,260 won in lieu of management expenses in arrears by C. 4) Total amount of KRW 16,145,831 (i.e., 4,156,924 claims for return of unjust enrichment equivalent to the rental fees or the rental fees, 2,268,647 claims for the amount of litigation expenses in lieu of KRW 9,720,260,260).

B. C’s disposal of real estate shall be attached on June 12, 2017.

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