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(영문) 청주지방법원충주지원 2015.02.05 2014가합3344
사해행위취소
Text

1. Defendant B:

(a) KRW 300,00,000 and annual 5% from January 14, 2011 to November 6, 2014; and

Reasons

1. Basic facts

A. On June 1, 2009, the Plaintiff entered into a sales contract with Defendant B and C to purchase each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) at KRW 2,162,00,000 for the purchase price, and paid KRW 300,000,000 for the same day to Defendant B as the down payment.

B. Around July 2009, the Plaintiff paid KRW 200,000,000 to Defendant B as an intermediate payment. On July 31, 2009, the Plaintiff borrowed KRW 1,000,000,000 from the Howon Credit Union as security each of the instant land and the Plaintiff’s housing owned by the Plaintiff, and paid KRW 985,00,000 to Defendant B.

C. As the Plaintiff failed to pay part of the purchase price for each of the instant lands, on July 2, 2010, Defendant B demanded the Plaintiff to rescind the said purchase and sale contract. On January 14, 201, the Plaintiff, between the Plaintiff and the Plaintiff, renounced all rights under the said purchase and sale contract, and Defendant B agreed to pay the Plaintiff KRW 300,000,000 (hereinafter “instant agreement”).

Accordingly, the Plaintiff prepared and delivered the written waiver of the sales contract to Defendant B (Evidence A2), and the Defendant B prepared and delivered the cash tea of KRW 300,000,000 to the Plaintiff, respectively.

When the Khowon Credit Union failed to recover the above loans, and applied for an auction on the housing owned by the Plaintiff, the Plaintiff repaid 61,804,600 won in total from February 28, 201 to August 19, 2011 as loans, interest and late payment charges to the Khowon Credit Union.

E. On March 28, 2013, Defendant B sold 2,000,000,000 real estate, including each of the instant land, to Defendant C, Inc., Ltd. (hereinafter “Defendant B”), to Defendant C, Inc., Ltd. (hereinafter “Defendant C”) (hereinafter “instant sales contract”). At the time, Defendant B did not have any particular property other than the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including each number in the case of additional number), the purport of the whole pleadings

2. Defendant B

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