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(영문) 춘천지방법원강릉지원 2016.11.23 2016가단3733
사해행위취소 등
Text

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

A. The Defendant and C Company were concluded on August 26, 2015.

Reasons

1. Basic facts

A. On November 9, 2013, the Plaintiff concluded a sales contract to sell each of the real estate listed in [Attachment 3, 4, and 5] listed in [Attachment 2] No. 3, 4, and 5 owned by the Plaintiff (hereinafter “instant real estate”) for KRW 800 million, and completed the registration of ownership transfer to C (the representative D; hereinafter “C”) designated by D on September 16, 2014 when the Plaintiff was paid part of the purchase price.

B. On March 19, 2015, C paid KRW 150 million to the Plaintiff, not later than April 20, 2015, the remaining purchase price of the real estate No. 2 in the instant case, and purchased each real estate No. 1 and No. 2 in the separate sheet No. 2 in the separate sheet No. 1 and No. 2 (hereinafter “instant real estate”) from the Plaintiff at KRW 100 million, and paid a promissory note amounting to KRW 100 million at par value, and received the registration of ownership transfer, and paid the purchase price by April 20, 2016.

C. On March 23, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate No. 1. D.

On June 23, 2015, the Plaintiff did not pay KRW 150,000,000 for the remainder of the purchase price of the instant 2 real estate that C agreed to pay. On June 23, 2015, the Plaintiff was subject to a provisional attachment order issued by the Seocheon District Court Branch Branch Branch Office 2015Kadan645, and on June 24, 2015, the provisional attachment registration was completed.

(hereinafter “instant provisional seizure”) e.

D On November 11, 2013, the Defendant prepared and delivered a certificate of borrowing that the Defendant borrowed KRW 50 million at interest rate of KRW 2.5 million per month.

(B) On August 26, 2015, the Defendant is not deemed to have lent KRW 50 million to D. D. D prepares a payment note stating that the principal and interest of the said loan amount of KRW 110 million (if the Defendant, as in the preceding paragraph, exceeds the limited interest rate prescribed by the Interest Limitation Act, as well as the principal and interest accrued until September 30, 2015, which were incurred until September 30, 2015, KRW 50 million x 2.5 million x 22 months x 15 million) will be repaid by September 30, 2015.

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