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(영문) 서울고등법원 2015.06.12 2014나18621
사해행위취소
Text

1. The judgment of the first instance, including the claim extended at the trial by the Plaintiff’s incidental appeal, is as follows.

Reasons

1. Basic facts

A. On November 29, 2007, the Plaintiff and C Co., Ltd. (hereinafter “C”) entered into an agreement with the effect that “C and F shall assume the Plaintiff’s obligation to pay KRW 1.25 billion to the Plaintiff.” Under the agreement, the Plaintiff filed a lawsuit against the Plaintiff seeking payment of KRW 2010,160,000,000 to Suwon District Court (1.2555,1,000,000,000 and interest thereon) with the Suwon District Court (1.25,000,000,000,000,000 with F, and the decision of the appellate court became final and conclusive on May 19, 201, that “C shall jointly and severally with the Plaintiff, and 5% per annum from July 9, 201 to May 19, 2011, calculated at the rate of KRW 20,000 per annum from the next day to the date of full payment.”

B. On January 11, 2007, C entered into a contract with E Co., Ltd. (hereinafter “E”) and D (hereinafter “E”) to purchase ten parcels of land, including the area of 6902 square meters in Suwon-si, Suwon-si, Suwon-si, for KRW 24 billion (hereinafter “instant land”). From December 6, 2007, C paid KRW 3.5 billion as the down payment and the intermediate payment to E on the part of E by December 6, 2007.

After that, C and E agreed to invalidate the above sales contract on January 11, 201.

(In accordance with the invalid agreement of the sales contract, E assumes the duty to return the above KRW 3.5 billion to C, and from C, the duty to return the returned claim from the perspective of C, “the instant returned claim” and “the obligation to return”.

On the other hand, the bond transfer contract (No. 5-4) signed between C and the defendant on January 18, 201 entered into between C and the defendant stated that C transfers to the defendant all of the claims against E.

(C) Around April 27, 2011, sent to the Defendant a written notice to the effect that the entire amount of the claim to E was transferred to the Defendant on January 18, 2011.

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