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(영문) 서울중앙지방법원 2017.12.08 2016가합554919
사해행위취소
Text

1. Of the instant lawsuit, each land indicated in the separate sheet Nos. 2 and 3 between Defendant A and Defendant B and C is listed on October 2013.

Reasons

Basic Facts

On April 10, 2012, the Plaintiffs filed a lawsuit against the Plaintiffs on April 10, 2012, asserting that “The Plaintiffs entered into the apartment sale contract with the future notification C Co., Ltd. (hereinafter “S. notification”), and that it is possible to move in from July 1, 201 to July 31, 201, after the lapse of 91 days from March 31, 2011, the scheduled date of the occupancy contract, and thus future notification C Co., Ltd is obligated to pay the delayed occupancy payment pursuant to the sales contract to the Plaintiffs.”

(L) On December 20, 2012, the above court rendered a ruling that “Isia shall pay to the Plaintiffs the amount indicated in the attached Table 4’s “Balia’s Purpose Pension” and the amount calculated by the rate of 5% per annum from July 1, 2011 to April 7, 2012, and 20% per annum from the next day to the date of full payment.” The above ruling became final and conclusive around that time.

On September 9, 201, Defendant A entered into a sales contract for the first real estate with Defendant A on September 9, 201, and completed the registration of ownership transfer with Defendant A on September 27, 201.

On October 14, 2011, the future eggs entered into a sales contract with Defendant A for the second real estate, and completed the registration of ownership transfer to Defendant A on October 21, 201.

On October 22, 2013, Defendant A entered into a sales contract with Defendant B and C for real estate Nos. 1 and 2, and completed the registration of ownership transfer on November 25, 2013 with Defendant B and C for each of the 1/2 shares of the instant real estate Nos. 1 and 2.

On November 25, 2013, Defendant B and C entered into a mortgage contract and superficies contract with Defendant Do Agricultural Cooperatives (hereinafter “Defendant Do Agricultural Cooperatives”) on the first and second real estate of this case, which constituted a maximum debt amount of KRW 780,000,000 with respect to the first and second real estate of this case, and completed the registration of the establishment of a neighboring mortgage and the creation of superficies with Defendant Do Agricultural Cooperatives on the same day.

【Legal basis for recognition】

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