(영문) 서울동부지방법원 2014.11.25 2013가합105203

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(영문) 서울동부지방법원 2014.11.25 2013가합105203

사해행위취소

Text

1. As to the real estate listed in the separate sheet of real estate:

A. The Defendant and Nonparty C concluded on September 12, 2012.

Reasons

1. Basic facts

A. On June 12, 2012, the conciliation was established on June 12, 2012 between the Plaintiff and Nonparty C with the following content (hereinafter “instant conciliation”).

【Mediation Clause of this case】

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 the payment of the above installment is not complied with even once, it shall lose the benefit of the time and shall be paid immediately after deducting the money paid at KRW 150 million, and shall be paid in addition to the damages for delay calculated at the rate of 20% per annum from the day following 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;

B. On September 14, 2012, C completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on the real estate stated in the [Attachment List of Real Estate (hereinafter “instant real estate”) as indicated in the [Attachment List] on September 14, 2012, on the ground of the pre-sale agreement on the 12th of the same month in the future of the Defendant, his/her

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C is its form of punishment under the de facto insolvent.

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