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(영문) 수원지방법원성남지원 2013.11.06 2012가단48038
사해행위취소
Text

1. A pre-sale agreement entered into on January 19, 2012 between the Defendant and C regarding the real estate listed in paragraph 1 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff’s preserved bonds (1) as the representative director of D (hereinafter “D”) recruited investors to the effect that, as the Plaintiff’s preserved bonds against C, C would distribute high profits by investing in the shares paid in kind.

On April 201, the Plaintiff attended the project explanation meeting and received a recommendation for investment, and paid investment money for the purchase of shares several times until September 201, and C did not purchase shares with the investment money received from the Plaintiff.

(2) On August 29, 2013, the Plaintiff filed a lawsuit against C and D seeking compensation for damages equivalent to the investment deposit, and sentenced on August 29, 2013, “Defendants (C and D) shall pay to each Plaintiff KRW 218,00,000,000, and delay damages therefor.”

(Seoul Central District Court 2013Gahap497). (b)

On December 30, 2010, C, on December 30, 2010, completed the registration of ownership transfer security on the real estate listed in paragraph 1 of the attached list (hereinafter “instant apartment”) between C and the Defendant on December 29, 2010.

(2) On January 19, 2012, the provisional registration for the above security was cancelled, and on the same day, the provisional registration for the right to claim ownership transfer was completed in the Defendant’s future on the ground of the “sale reservation on January 19, 2012” with respect to the instant apartment.

(hereinafter “instant trade reservation” and “the instant provisional registration”) C.

C’s property status (1) The market price of the apartment of this case is KRW 330,00,000.

Before the promise to sell the apartment of this case, the right to collateral security was established, respectively, for the apartment of this case, 24,000,000 won, and 105,60,000 won, and the sum of the secured debt amount is KRW 109,535,549.

(2) C did not own any other property at the time of the instant promise to sell and purchase the instant property.

(3) On November 30, 2012, E and F, an investor who made an investment in D by September 201, filed a lawsuit against C, etc., and E filed a lawsuit against C, “Defendant C shall pay 130,759,750 won and delay damages to the Plaintiff (E)” (Seoul Southern District Court 2012Gahap100204), and F shall be the Defendant on August 10, 2012.

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