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(영문) 광주지방법원 2021.03.25 2020나53315
사해행위취소
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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is subject to Paragraph 2.

Reasons

1. Facts of recognition;

A. On May 12, 2015, the Plaintiff contracted a new construction of D apartment (hereinafter “D apartment”) from C on May 12, 2015 and completed the said new construction work.

2) On November 14, 2019, the Plaintiff filed a lawsuit with the Gwangju District Court 2018 against C for the payment of the construction cost as 58245. On November 14, 2019, the Plaintiff rendered a judgment that “C shall pay to the Plaintiff 6,145,000,000 won and the interest calculated at the rate of 15% per annum from November 2, 2018 to May 31, 2019, and 12% per annum from the next day to the date of full payment.”

On November 18, 2020, the appellate court (Seoul High Court 2019Na 25201) declared that "C shall pay to the Plaintiff 5,935,00,000 won and interest calculated at the rate of 12% per annum from November 2, 2018 to November 18, 2020, and the above judgment became final and conclusive on November 18, 2020, by recognizing that C paid a total of KRW 210,000 to the Plaintiff."

3) In addition, when the Plaintiff loaned C with funds from around December 20, 2016 to October 20, 2017, the Plaintiff filed a lawsuit against C with the Gwangju District Court 2018 to 6057, and on November 28, 2019, the Plaintiff rendered a judgment that “C shall pay the Plaintiff 609,673,583 won and its interest at a rate of 15% per annum from January 3, 2019 to May 31, 2019, and 12% per annum from the next day to the date of complete payment.”

On the other hand, C filed an appeal (Seoul High Court 2019Na 25591), but on October 15, 2020, the judgment dismissing the appeal became final and conclusive as it is.

B. On November 7, 2018, C entered into a sales contract with the Defendant for real estate (hereinafter “instant real estate”) listed in the separate sheet among D apartment units (hereinafter “instant sales contract”) (hereinafter “instant sales contract”), and the Defendant.

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