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(영문) 의정부지방법원고양지원 2017.11.22 2016가합75121
사해행위취소
Text

1. The sales contract concluded on February 18, 2016 between the Defendant and C with respect to each real estate listed in the separate sheet is 205,247.

Reasons

1. Basic facts

A. On August 20, 2015, the Plaintiff filed a lawsuit against C seeking the performance of the obligation to repay a loan, which is the High Government District Court 2015da15774, and on August 20, 2015, the said court rendered a judgment that “the Defendant (referring to C) shall pay to the Plaintiff the amount of KRW 200,000,000 and the amount calculated at the rate of KRW 5% per annum from May 1, 2009 to June 10, 2015, and 20% per annum from June 11, 2015 to the date of full payment.”

B. On February 18, 2016, the Defendant entered into a sales contract with C to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and the main contents are as follows.

Article 1 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

Article 2, which provides that the remaining KRW 600 million shall be paid at the time of the contract at the time of the contract and shall be paid in April 18, 2016, the seller shall receive the balance of the purchase price from the buyer, deliver all documents necessary for the registration of transfer of ownership to the buyer, and cooperate in the registration of transfer, and the delivery of the said real estate shall be April 18, 2016.

[Matters of Special Agreement]

2. The contract in terms of the establishment of a bank with the right to collateral security, the national bank with the maximum debt amount of KRW 360,000,000 and the actual loan amount of KRW 300,000,000 as of March 3, 200, in terms of the total monthly rent of KRW 277,000,000,000,000 as of April 2, 200, after deducting the deposit amount of KRW 2777,000,000 and KRW 577,000

5. The monthly rent from the date of payment of any balance shall be the condition that the buyer receives the balance.

6. The actual amount of the loan of 300 million won is the condition that the buyer redeems the loan after confirming the names of the seller and the purchaser; and

On February 18, 2016, the Defendant’s husband D paid the down payment of KRW 60 million to C.

The defendant on March 7, 2016, with respect to the instant real estate from C on March 7, 2016.

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