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(영문) 의정부지방법원 2014.09.17 2013가합73602
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, around 2010, supplied leather products to D and had a claim for the purchase price of KRW 123,505,985 against D.

B. On February 16, 2012, the Plaintiff filed a lawsuit against Suwon District Court for the claim for the payment of goods under the Suwon District Court Branch Branch 2012Gahap1235, and on May 17, 2012, the said court rendered a judgment that “D and E jointly pay to the Plaintiff the amount of KRW 123,505,985, and the amount at the rate of KRW 20% per annum from February 28, 2012 to the date of full payment,” and the said judgment became final and conclusive on June 6, 2012.

C. On October 25, 201, D entered into a sales contract with Defendant B as to F 2589 square meters in Yangju-si, G 645 square meters in total, and H 3841 square meters in total (hereinafter “instant land before the instant partition”). On November 25, 201, D completed the registration of ownership transfer with respect to the instant land before the instant partition under Defendant B’s name.

Of the land before the instant partition, the F.M. 2589 square meters in Yangju-si was divided into each land listed in paragraphs (3) through (5) of the attached Table Nos. 3 through (5) on December 22, 2011, and each land listed in paragraphs (6) and (7) of the attached Table Nos. 6 and 7 on the same day before Yangju-si, and the land listed in paragraphs (8) and (9) of the attached Table Nos. 3841 square meters in Yangju-si, respectively

E. In addition, D entered into a pre-sale agreement with Defendant B on November 30, 201 on the land listed in paragraph (1) of the attached Table No. 1 and the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land and building”) (hereinafter “instant pre-sale agreement”), and completed the registration of transfer of ownership under Defendant B’s name as to the instant land and building on the same day, and completed the registration of transfer of ownership as to the instant land and building on March 14, 2012 (hereinafter “instant sales agreement”).

F. Meanwhile, with respect to each of the lands listed in the separate sheet paragraphs (3) through (9), an application filed by a military self-employed agricultural cooperative of the persons holding a right to collateral security.

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