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(영문) 창원지방법원진주지원 2016.09.02 2016가단3405
사해행위취소
Text

1. The purchase and sale reservation entered into on September 27, 2013 with regard to the real estate indicated in the indication of attached real estate between the defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim clause against C

1. C shall pay to the Plaintiff KRW 50,000,000 in installments as follows:

no later than November 30, 2012 20,000 won

(b) 15,000,000 won by May 30, 2013;

(c) 15,000,000 won by November 30, 2013;

2. C shall immediately lose the benefit of time when delay occurs at one time, and C shall pay to the Plaintiff 67,000,000 won plus 20% interest per annum from the day following the day of delay to the day of complete payment with respect to the remainder after deducting the amount paid by the Defendant to the Plaintiff under paragraph 1 from the amount of KRW 67,00,000.

1) The Plaintiff filed a lawsuit against C with the Changwon District Court as the Jinwon Branch Branch Branch of 2012Kadan11941, and on October 8, 2012, a judicial conciliation was established as follows (hereinafter “instant conciliation”).

2) 2) C did not perform all obligations arising from the instant conciliation.

B. On September 27, 2013, C, the husband of the Defendant’s living together D, such as the conclusion of a pre-sale agreement, concluded a pre-sale agreement with the Defendant on the real estate indicated in the attached real estate indication (hereinafter “instant apartment”) (hereinafter “instant pre-sale agreement”), and completed the registration of the right to claim ownership transfer on September 27, 2013, the Changwon District Court Jinju Branch Branch Branch of the Changwon District Court (No. 44280).

C. On September 25, 2013, C such as excess of C’s debt, etc. entered into a mortgage agreement with the Jinju Scholarship Credit Union on the instant apartment, with the maximum debt amount of KRW 132,00,000,00 with respect to the instant apartment, and the creditor Jinju Scholarship Credit Union and the debtor C, and completed the registration of establishment of a neighboring mortgage to the above purport, and around 2004, C borrowed a total of KRW 140,00,000 from the former husband E, the Defendant’s husband, around 204, in excess of the amount of the active property at the time of the instant sales promise.

2. To preserve a claim for the registration of ownership transfer with respect to the cause of the claim.

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