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(영문) 서울남부지방법원 2015.03.19 2013가합17712
사해행위취소
Text

1. The Plaintiff and Defendant B share 1/2 of the real estate listed in the separate sheet between Defendant B and Nonparty D.

Reasons

1. Basic facts

A. 1) The Plaintiff’s establishment of the Plaintiff’s claim against D with D to the effect that “If the Plaintiff has made an investment to D, it shall pay D the amount of the investment principal and 20% (5% per month) after four months from the date of the purchase of new pigs, and then KRW 150 million in total, KRW 30 million in total, KRW 200 million in the amount of KRW 9.2 billion in the amount of 9 billion in the amount of the said investment agreement, the Plaintiff did not refund D to D to the Plaintiff as provided in the said investment agreement.” The Plaintiff filed a lawsuit against D against D to the effect that “If it has made an investment to D, it shall be paid 50 million in the amount of the investment principal and KRW 20 billion in the amount of KRW 150 million in the amount of KRW 300 million in the amount of KRW 150 million in the amount of KRW 200 million in the amount of KRW 16.16.5 billion in the amount of KRW 2015 billion in the amount of the said investment agreement.

B. D and Defendants’ real estate sales contract 1) D on June 4, 2012, as indicated in the separate sheet between D and the Defendants, are real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendants and the Defendants.

(2) The Defendants entered into a sales contract with the term “instant sales contract” (hereinafter “instant sales contract”).

(2) On June 4, 2012, D completed the registration of ownership transfer based on the instant sales contract with respect to each of the instant real estates to the Defendants.

C. (1) At the time of the conclusion of the instant sales contract, D’s active property was KRW 1/3 of the F site and ground buildings, respectively, and KRW 202, No. 304, 100,000,000,000,000,000,000,000,000 won for F site and ground buildings at the time of the conclusion of the instant sales contract.

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