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(영문) 울산지방법원 2018.04.06 2017가단6329
사해행위취소
Text

1. A contract establishing a right to collateral security concluded on April 18, 2016 between C and the Defendant regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On April 23, 2015, the Plaintiff: (a) and the Dong-gu, Ulsan-gu, U.S. and the Dong-gu, U.S. and its ground and the Dong-gu E-gi, Ulsan-gu, U.S. (hereinafter “instant real estate”).

(2) As to the sales amount, KRW 28 million [the contract amounting to KRW 28 million, intermediate payment, KRW 30 million (payment date: May 22, 2015)] and the remainder amounting to KRW 220 million (payment date: June 22, 2015), the sales contract (hereinafter “instant sales contract”) is determined as the sales contract (hereinafter “instant sales contract”).

A) The following was entered into: (a) the special agreement entered into: (b) the on-site inspection; (c) the sales contract was entered into after the on-site inspection; (d) all mortgages created at the same time as the remainder until the time of the registration of transfer; (b) the seller, within one month after the settlement of the balance, shall have a director; (c) the seller, within one month after the settlement of the balance, shall have a director; (d) however, on June 19, 2015, the provisional attachment registration was completed for the registration of provisional attachment, the claim amount of which is KRW 17,909,000, the claim amount of which is KRW 17,909,000, in the name of G.

3) On the date of the conclusion of the instant sales contract, the Plaintiff paid C the down payment of KRW 28 million, and the intermediate payment of KRW 30 million on May 30, 2015, but C’s creditors requested C to cancel the registration of provisional seizure as above, and did not pay the remainder of KRW 220 million until June 22, 2015, which is the remainder payment date. 4) After the Ulsan-dong District Court I, Ulsan District Court I, and J on September 4, 2015, for buildings on the ground thereof, the remainder of KRW 220 million was not paid until June 22, 2015, which is the remainder payment date.

In addition, 53,150,940 won remaining after the completion of the registration of the above real estate was distributed to C in the above auction procedure.

5. On the other hand, around February 17, 2016, the Plaintiff filed a lawsuit against C on the ground that C's obligation to register the transfer of real estate has become impossible due to a cause attributable to C, and around May 23, 2016.

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