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(영문) 전주지방법원 2016.10.07 2015나9946
사해행위취소
Text

1. Revocation of the first instance judgment.

2.(a)

On April 23, 2013, it was concluded between the defendant and C with respect to the real estate stated in the attached Form.

Reasons

In fact, E had a claim of KRW 140 million for a loan to C. However, on October 27, 1995, E transferred the above loan claim to the Plaintiff, and notified C of the above transfer on October 24, 2005.

Accordingly, on October 26, 2005, the Plaintiff filed a lawsuit against C with Seoul Southern District Court 2005Gahap1779, and the above court rendered a judgment on March 17, 2006 that “C shall pay to the Plaintiff the amount equivalent to KRW 140 million and the amount equivalent to KRW 20% per annum from November 22, 2005 to the date of full payment.” The above judgment was finalized on May 10, 2006.

On the other hand, C purchased from F on April 1, 2013 real estate in the attached Form (hereinafter “instant real estate”) at KRW 70 million, and completed the registration of ownership transfer on April 17, 2013.

After that, on April 23, 2013, C entered into a sales contract with the Defendant for the following terms and conditions (hereinafter “instant sales contract”) with regard to the instant real estate, and entered into a sales promise (hereinafter “instant sales promise”) at the same time. On April 23, 2013, Article 1 of the Provisional Registration for Transfer of Rights (hereinafter “the instant provisional registration”) with respect to the sale of the instant real estate under Article 1 of the Provisional Registration for Transfer of Rights (hereinafter “the instant provisional registration”) on the ground of the instant pre-sale agreement, which was received on April 23, 2013, the Defendant would pay the sales price as follows:

- Sales amount: 60 million won - down payment - 20 million won has been paid and received at the time of the contract.

- The balance of KRW 40 million shall be paid on November 15, 2013.

Article 2 Article 2 Section C shall deliver all documents necessary for the registration of transfer of ownership to the Defendant simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the registration procedure, and the delivery date of the instant real estate shall be November 15, 2013.

Special Agreement:

1. The provisional registration shall be completed simultaneously with the payment of the down payment;

2. Provided, That if any balance is not paid by the payment date of the balance, the provisional registration is to be immediately cancelled;

3. After payment of any balance, C shall be the defendant.

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