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(영문) 서울중앙지방법원 2019.05.30 2018가합533374
사해행위취소
Text

1. Pre-contract for sale and purchase as of August 1, 2017 concluded between E, Defendant B, and C with respect to real estate listed in the separate sheet, and November 2017.

Reasons

Basic Facts

The Plaintiff filed a lawsuit against the Plaintiff on October 7, 2016, with the Seoul Central District Court 2016 Gohap 59570. On November 18, 2016, the said court shall jointly and severally pay to the Plaintiff KRW 220,000,000 until December 30, 2016; KRW 140,000,000 until January 31, 2017; KRW 10,000,000 and KRW 10,000 until February 28, 2017; KRW 1,000,000 until February 31, 2017; KRW 1,000,000 until March 31, 2017; KRW 1,000; KRW 1,000,000,000 until December 1, 2017; and KRW 1,700,000,000 per annum.

On the other hand, E, etc. did not pay to the Plaintiff KRW 140 million until December 30, 2016.

Attached Form

On August 1, 2017, E, including the conclusion of a sales contract for the real estate listed in the list, entered into a contract with Defendant B and C on the purchase and sale of the real estate listed in the separate sheet (hereinafter “instant real estate”). On August 2, 2017, Suwon District Court entered into a provisional registration for the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) with Defendant B and C as the receipt of No. 142352 on August 2, 2017, as to shares of each of the instant real estate by the Suwon District Court’s receipt of No. 142352 on August 2, 2017.

On November 15, 2017, E entered into a sales contract with Defendant B and C for each of the instant real estate (hereinafter “instant sales contract”). Accordingly, the Suwon District Court’s receipt of January 9, 2018 as the Defendant B and C’s name.

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