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(영문) 부산지방법원 2015.05.28 2014가합9123
사해행위취소
Text

1. As to the real estate stated in the separate sheet, the reservation to trade between the Defendant and C on October 5, 2012 and the reservation to trade between the Defendant and C on December 28, 2012.

Reasons

1. Basic facts

A. D bears the Plaintiff’s obligation of KRW 140,00,000 as a bill and the obligation of KRW 20,000 as a loan amount of KRW 20,000,00 as a joint and several surety by C. On October 4, 2012, the Plaintiff, D, and C agreed that “D shall pay the Plaintiff the total amount of KRW 160,000,000 as a loan amount of KRW 160,000 to the Plaintiff by October 10, 2012, and C shall prepare a notarial deed of debt repayment contract with the joint and several surety by C.

B. Meanwhile, on October 5, 2012, C entered into a pre-sale agreement with the Defendant on the instant real estate (hereinafter “instant pre-sale agreement”), and entered into a sales contract with the Defendant on December 28, 2012 (hereinafter “instant sales contract”) with the Busan District Court Busan District Court’s receipt of the registration office, and completed the registration of ownership transfer based on the said provisional registration as the receipt No. 2805 of the said registry office on January 17, 2013.

With respect to the value of the real estate indicated in the No. 1 case, 225,00,000 of the real estate of this case 225,000, 22 square meters in Busan Gangseo-gu, Busan, and 386 square meters in G field (173/193 shares), each land (hereinafter “H factory site”) of 763,930,000 square meters in G, 386 square meters (hereinafter “H factory site”) 252,474,4804, 4804 H factory site and 252,474, 4804, and 382,408,650, 650, 249, 980, 160, 160, 3606, 406, 1606, 380, 406, 160, 1606, 1605, 1606, 3606, 1960

2) In detail, in terms of paragraph 10,00,000,000,000 1,706,381,494 net property (affirmative - 56,131,514 won) (affirmative)

C. At the time of the promise to sell the instant case, the Defendant holds active property of KRW 1,650,249,980 in total as indicated below.

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