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(영문) 창원지방법원 2016.01.15 2014가단73629
사해행위취소
Text

1. A sales contract concluded on August 25, 2013 between the Defendant and Nonparty C with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 29, 2013, the Plaintiff entered into a sales contract with the Chang-gu Seoul Special Metropolitan City D (hereinafter “D”) to purchase KRW 50 million for the purchase of the land and the building on the land of KRW 168.8 square meters in Chang-si Special Metropolitan City (hereinafter “D”) and agreed to pay KRW 100 million as the down payment, and to substitute the Plaintiff for the acceptance of the lease deposit for the said building.

B. On the same day, the Plaintiff remitted the remaining down payment of KRW 82 million (=10 million - 18 million - KRW 150 million from the initial remainder on February 2, 2013 (=50 million - KRW 100 million - KRW 300 million from the down payment - KRW 149 million from the lease deposit) that was discounted by KRW 1 million from the remainder on February 5, 2013. The Plaintiff completed the registration of ownership transfer on D land on February 5, 2013.

C. After that, on September 28, 2013, C drafted an agreement with the Plaintiff that re-purchases D land and its ground buildings in KRW 230 million, and that KRW 130 million out of the said money shall be paid in December 4, 2013, and KRW 100 million shall be paid in January 31, 2014 (hereinafter “instant re-purchase agreement”). D.

On December 30, 2013, the Plaintiff filed a lawsuit against C seeking payment of KRW 230 million and damages for delay pursuant to the re-purchase agreement of this case (Seoul Central District Court 2013Gahap93604). On April 25, 2014, the said court rendered a final and conclusive judgment of the Plaintiff that “C shall pay to the Plaintiff 230 million won and the amount of KRW 130 million each year from January 9, 2014 to the date of full payment, and KRW 100 million each year from February 1, 2014 to March 27, 2014 to the date of full payment, and KRW 20 million each year from the next day to March 27, 2014 to the date of full payment.”

E. On the other hand, C is the defendant, who was a private village on August 25, 2013.

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