logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2019.12.12 2018가단55895
사해행위취소
Text

1. The sales contract concluded on May 14, 2018 between the Defendant and C is revoked.

2...

Reasons

1. Facts of recognition;

A. On December 17, 2003, the Plaintiff and C are 407.94 square meters of ground floor among the three-story houses of reinforced concrete cement slive roof, cement slive roof owned by the Plaintiff, which are owned by the Plaintiff on December 17, 2003 (hereinafter “Plaintiff-owned building”) and 80.6 square meters of the light-weight steel and mentmen block, light iron plates, and string string string roof, among the same houses (hereinafter “the Plaintiff-owned building”).

(2) On January 31, 2012, the Plaintiff entered into a lease agreement between the Plaintiff and C on the ground of deposit KRW 40 million and monthly rent KRW 2 million. Around 2011, the Plaintiff filed a lawsuit against C on the part of the Plaintiff to claim for the name of the building, and C filed a counterclaim against the Plaintiff, such as necessary expenses (see, e.g., Supreme Court Decision 2011Gahap2851, 201Gahap2868 (Counterclaim))). On January 31, 2012, conciliation was concluded between the Plaintiff and C (hereinafter “instant conciliation”).

(2) The Plaintiff filed a lawsuit against C seeking the payment of rent, etc. under the instant conciliation (U.S. District Court 2016Kadan53277). On September 6, 2017, the appellate court of the instant case rendered a judgment that C shall pay to the Plaintiff the amount calculated at a rate of 16,047,96 won per annum from November 16, 2016 to September 6, 2017 and 15% per annum from the next day to September 6, 2017 (U.S. District Court 2017Na514955). The said judgment became final and conclusive on September 23, 2017.

3) Although the judgment above was rendered, the Plaintiff filed a lawsuit against C seeking rent, etc. under the Suwon District Court 2017Kadan8113, Dec. 15, 2017, with the Suwon District Court 2017, and again filed a lawsuit against C seeking payment of rent, etc. on December 11, 2018 on the following grounds: “C” with the reasoning of the judgment as follows: “C shall be 17,234,620 won to the Plaintiff and the amount calculated by the rate of 5% per annum from April 7, 2018 to December 11, 2018; the amount calculated by the following day to the date of complete payment; and the amount calculated by the rate of 15% per annum from May 1, 2018 to the date of full payment; and Plaintiff from May 1, 2018 to the date of full payment

arrow