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(영문) 의정부지방법원 2019.07.25 2019가단102727
사해행위 취소 및 원상회복 청구
Text

1. All of the claims for nullification of the sales contract in the instant lawsuit are dismissed.

2. The defendant shall be the plaintiff.

A. Attached Form 1.

Reasons

1. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on January 10, 1980.

B. C was in an internal relationship with the Defendant since 2014.

C. On August 12, 2014, C acquired land and detached houses (hereinafter “attached Form 1”) listed in attached Table 1 list, and completed each registration for transfer of ownership of the said land and housing (hereinafter “registration for transfer of ownership”) to the Defendant on June 9, 2015 on the ground of a sales contract (hereinafter “first sales contract”) as of June 8, 2015.

C and the defendant newly built three-story houses on the above land, and completed registration of preservation of ownership in the name of the defendant on June 29, 2016, and lived therein.

C acquired a building listed in the separate sheet No. 2 (hereinafter “Attachment No. 2”) on October 1, 2014. On August 3, 2015, on September 9, 2015, on the ground of a sales contract as of August 3, 2015 (hereinafter “second sales contract”), C completed the registration of transfer of ownership of the said building (hereinafter “second ownership transfer”) to the Defendant.

E. On December 9, 2016, the Plaintiff filed a lawsuit claiming divorce and consolation money against C, and on December 26, 2016, the Plaintiff filed a lawsuit against the Defendant for damages.

[The Divorce District Court 2017Dhap5943 Divorce and consolation Money, 2017Dhap5950 (Joint Damages)]. The above court shall divorce on April 17, 2019.

The Plaintiff shall be consolation money; C shall pay 5% per annum from January 3, 2017 to April 17, 2019; and 15% per annum from the next day to the date of full payment; and the Defendant shall jointly pay C the money calculated at the rate of 10,000,000 won out of the above 20 million won to April 17, 2019; and 5% per annum from the next day to the date of full payment; and 15% per annum from the next day to the date of full payment.

The plaintiff's remaining claims for consolation money against C and the defendant are dismissed.

C The property division of the Plaintiff amounting to 380,000,000 won and this decision has become final and conclusive.

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