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(영문) 대구고등법원 2018.06.14 2016나25448
사해행위취소
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On November 12, 2013, the Defendant and B concluded a sales contract between the husband and wife’s land listed in paragraph (1) of the attached Table No. B (hereinafter “instant land”); ② the land listed in paragraph (2) of the attached Table No. 2 owned by the Defendant (hereinafter “instant land”); ③ the building listed in paragraph (3) of the attached Table No. 2 jointly owned by B and the Defendant for one-half shares (hereinafter “instant building”); and the building listed in paragraph (3) of the attached Table No. 3 (hereinafter “each of the instant real property”); collectively, the instant real property was sold to D and E for a total of KRW 1,070,000 (hereinafter “instant sales contract”).

B. In the instant sales contract, the purchaser agreed to pay KRW 89,00,000 ( KRW 1,070,000,000 - KRW 181,000,000) and the Defendant in two equal installments, excluding KRW 181,00,000,000, excluding the total amount of the deposit for repayment of the lease deposit for the instant building that the purchaser agreed to acquire, while setting the purchase price for the instant land No. 207,223,211, and the purchase price for the instant building No. 543,971,850.

On November 12, 2013, 200, 2000 account transfer account transfer of 200,000,0000 account account transfer of 60,000,000 won in cash of 110,000,000 intermediate payment of KRW 200,000 on November 20, 2013, 200 account transfer of 400,000,000 and 4000,000 account transfer of 2,000,000; the Defendant received the down payment of KRW 90,00,000 from the Defendant on December 90, 203.

(1) On December 12, 2013, the outstanding payment date of the check payment of KRW 188,07,395 Check payment of KRW 379,00,000,000,459,605 of this case, the purchaser of each real estate of this case borrowed KRW 300,000,000 as collateral and used KRW 100,467,000,00, out of KRW 378,467,00,00, including KRW 78,467,459,60, and KRW 100,450,000, and paid KRW 278,07,395 as a check to the Defendant.

A.

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