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(영문) 서울고등법원 2018.10.17 2018나2019963
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment equivalent to that of paragraph (2) with respect to the assertion that the Defendants should additionally make in this court.

In the first instance court's decision, the following 3 to 12 pages 9 shall be followed:

The instant sales contract provides that KRW 50,000,000, the down payment shall be paid on September 25, 2015, which is the date of the contract, and the remaining KRW 600,000,000,000 shall be paid on October 28, 2015. However, the transaction payment condition separately formulated on the same day shall be September 25, 2015; the intermediate payment of KRW 45,000,000 shall be paid on September 30, 2015; and the remainder of KRW 576,00,00,000 shall be paid on September 30, 205 by succeeding to the existing collateral security obligation; the Defendants have different contents from those of the two documents written on the same day and have different contents on the payment method in the sales contract, but have failed to explain the reasons why they agreed otherwise in writing.

Secondly, the Defendants paid only KRW 30,000,000 out of the purchase price of KRW 650,000,000 on the date of conclusion of the instant secondary sales contract, and completed the registration of ownership transfer as to the real estate listed in attached Table 2 on the same day.

Article 2 of the sales contract of this case provides that the seller shall receive the balance of the purchase price and deliver all necessary documents for the registration of ownership transfer at the same time, and the payment terms of the transaction price written on the same day shall not specify any particular time for the registration of ownership transfer.

Nevertheless, the Defendants may explain or prove that the transfer registration of ownership of real estate was made on the date of the conclusion of the contract prior to the execution of the agreed intermediate payment.

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