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(영문) 서울고등법원 2015.06.11 2015나2000753
사해행위취소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

(1) A contractual relationship between the Plaintiff and C on August 8, 2008, the Plaintiff sold 838 shares of Z to the Defendant, a purchase price of KRW 160 million, and was paid the down payment of KRW 10 million on August 13, 2008 and KRW 150 million on September 2008 (hereinafter “instant contract”).

(2) On August 8, 2008, the Plaintiff transferred all 8,388 shares of Z to the Defendant under the instant contract, but did not receive the remainder of the instant contract KRW 150 million from the Defendant.

On June 12, 2012, the Plaintiff agreed to mediate the balance of the instant contract between C and C as follows.

(Jibu District Court High Court 2012s. 2012s. 1970)

1. C shall be paid KRW 100 million to the Plaintiff, on condition that it shall be paid KRW 25 million in three installments on September 15, 2012, KRW 25 million in December 31, 2012, and KRW 50 million in June 30, 2013, respectively.

C If C fails to comply with even one time for the payment of the above installment, the remainder of the installment shall be paid with the benefit of time and immediately after deducting the amount paid at KRW 150,000,000,000,000,000,000,000,000 per annum from the day after the day after the loss of the benefit of time to the day of full payment.

2. Where C pays the Plaintiff KRW 85 million out of the KRW 100,000,000 as stated in paragraph (1) to the Plaintiff by December 31, 2012, without delay, the Plaintiff shall be exempted from the remainder against C.

3. In the event that the Plaintiff fully receives the money specified in paragraph (1) from C or exempted the remainder from the payment of the money specified in paragraph (2), the Plaintiff immediately withdraws from the application case for provisional seizure against real estate of No. 2009Kadan50573 against C and rescinds the enforcement thereof.

4. The plaintiff waives the remaining claims.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

. relating to immovable property.

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