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(영문) 수원지방법원안양지원 2017.11.30 2016가단117634
사해행위취소
Text

1. On April 13, 2015, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.

Reasons

1. Basic facts 8 on May 26, 201 - B sold the aggregate of 29,603 square meters of the size of 16,000 square meters to Daejin-si Co., Ltd., Ltd. (hereinafter referred to as “Mauri Logistics”), one’s own ownership, for KRW 2.328,000,000,000,000,000,000,000,000,000 on the said land, was paid on the date of the contract, and the remainder of KRW 2.88,00,000,000,000,000,000 won

The Grand Logistics paid the down payment of KRW 240 million to B on the date of the contract. Since B demanded that part of the remainder of the scheduled construction permit date be paid in advance, it paid to B as part of the remainder of the remainder.

However, on May 9, 2013, the Grand Logistics agreed with the Plaintiff to transfer the buyer’s status of the said land to the Plaintiff. Accordingly, B sold the said land in the purchase price of KRW 2.328 million between the Plaintiff and the Plaintiff, but B subsequently concluded a sales contract (hereinafter “the instant sales contract”) with the Plaintiff to receive KRW 440 million ( KRW 50 million in the total of KRW 50 million in the total of KRW 150 million in the total of KRW 50 million in the total of KRW 240 million in the total of KRW 50 million in the total of KRW 50 million in the total of KRW 150 million in the total of KRW 1.88 billion in the total of KRW 1.8 billion in the total of the sales contract between the Plaintiff and the Plaintiff.

In addition, the special terms and conditions of the instant sales contract (paragraph (1) are stipulated as follows: “The down payment of this contract shall be substituted by the down payment of the instant sales contract in which B received 40 million won from the sales contract which was concluded between B and the goods distribution, as the purchase price of the said land, from the goods distribution.”

On the other hand, on August 16, 2013, B completed the registration of creation of a mortgage with D as to the land which is the object of the instant sales contract to D, the maximum debt amount of KRW 500 million, and the mortgagee.

Accordingly, on December 19, 2014, the Plaintiff entered into the instant sales contract by B.

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