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(영문) 서울중앙지방법원 2019.11.21 2019가단5112079
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary and determination of the Plaintiff’s assertion

A. On July 31, 2014, the Plaintiff entered into a payment guarantee insurance contract with G (hereinafter “G”) on the obligation under the automobile rental contract entered into by G with H, and the conclusion of the sales contract with the Defendant regarding the apartment as stated in Paragraph (1) of the Disposition (hereinafter “instant apartment”) (hereinafter “instant sales contract”) that is its sole property around July 31, 2014, where the non-party D (hereinafter “non-party D”) who jointly and severally guaranteed the obligation under the said guaranteed insurance contract as the representative director of G (hereinafter “non-party D”) was in excess of the obligation should be revoked, since it is a fraudulent act and the Defendant’s bad faith

B. On July 31, 2014, the sales contract of this case was concluded with the following: (a) the Nonparty or the Defendant, as a broker of Nonparty J operating an I Licensed Real Estate Agent Office, paid the purchase price of the apartment of this case at KRW 554 million on the date of the contract; (b) the remainder of KRW 46 million on August 25, 2014; and (c) the remainder of the payment on October 27, 2014, on the following: (a) the Defendant concluded the sales contract of this case from July 31, 2014 to October 27, 2014; and (b) the Defendant returned the Plaintiff’s total amount of KRW 169,520,000 to the Nonparty’s account under the name of Nonparty’s bank account under the name of Nonparty’s account in the name of Nonparty’s name from July 31, 2014 to October 27, 2014; and (c) the Nonparty’s deposit was transferred to the Nonparty’s account in the name of this case.

The above purchase price was fully paid to the Nonparty by transferring KRW 55,260,850 to the Nonparty, and the said broker filed a report on a real estate transaction contract with Songpa-gu Office, and taxes, including acquisition tax, were fully paid under the name of the Defendant, and the collateral security established prior to the instant purchase and sale contract, is the same.

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