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(영문) 의정부지방법원 2015.08.26 2014가합4061
사해행위취소 등
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C Co., Ltd. jointly share to the Plaintiff (Counterclaim Defendant) KRW 150,000,000, and this is accordingly.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On April 2, 2010, the Plaintiff entered into a contract with Defendant B on a fixed price of KRW 1,04,000,000 for the purchase and sale (hereinafter “instant purchase”) with regard to 25,000 square meters (hereinafter “instant land”), which is owned by the Plaintiff. As a matter of a special agreement, KRW 480,000,000 out of the said price shall be paid upon a loan on or around April 10, 2010, and an intermediate payment of KRW 100,000 shall be paid on June 10, 2010. The remainder of KRW 460,000,000 shall be paid on the instant land within 15 days after completion of urban residential housing (hereinafter “the instant loan”). To secure the remainder, the Plaintiff entered into an agreement on the instant land under the name of the Defendant B with respect to the ownership transfer, and the Plaintiff established the instant ownership transfer agreement with respect to the instant land under the name of the Plaintiff and cancelled the agreement.

On April 8, 2010, Defendant B paid KRW 500 million to the Plaintiff out of the instant purchase price, and on the same day, the registration of ownership transfer was completed in Defendant B’s name with respect to the instant land.

Since then, Defendant B paid to the Plaintiff the instant purchase price, KRW 30 million on September 30, 2010, and KRW 30 million on March 24, 201, respectively.

On August 5, 2011, Defendant B: (a) made payment of KRW 20 million, out of the outstanding purchase price of this case KRW 480,000,000; (b) paid up to August 31, 201; and (c) the remainder of KRW 440,000,000,000, out of the instant loan, which is scheduled to be completed on September 30, 201, the sales contract of this case, the sale price of which is equivalent to KRW 1.21,568,00, KRW 1.28,000,000,000 for the same and value as security; and (d) made a plan to pay the purchase price of this case, stating that “I will destroy the said sales contract if I fully repay the remainder of the purchase price after completing the sale,” and each of the above plans to pay the purchase price of this case, which is signed and sealed by the Defendants, until August 31, 2011.

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