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(영문) 광주지방법원 2017.07.11 2015가단51963
가액배상 및 사해행위취소
Text

1. Defendant B’s limited liability company’s KRW 51,62,790 as well as its annual interest from November 3, 2015 to January 4, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s father E, around July 5, 2014, purchased land on behalf of the Plaintiff on behalf of the Plaintiff, and constructed an apartment, and Defendant C, the Plaintiff’s father, and Defendant C, the construction business entity that intended to purchase the land on behalf of the Plaintiff, and Defendant C, and the Plaintiff’s 3062 square meters in Hampung-gun, Jeon-nam, Hamyeong-gun, the Plaintiff owned (around May 18, 2015, divided the 38 square meters in G paddy-gun land and 3024 square meters in F

(2) On August 12, 2014, H large 165 square meters (the instant H land was 569 square meters at the time, but it appears that it was the subject matter of sale with a size of 165 square meters among them, and H large 569 square meters divided into 147 square meters on August 12, 2014.

2) The sales contract to sell land to Defendant C (hereinafter “instant land sales contract”)

A) The Plaintiff and Defendant C respectively entered into a real estate sales contract (No. 2, No. 300 million won) and each real estate sales contract (No. 2, No. 4, No. 10, and No. 11) causing KRW 400 million for the purchase price as the sales contract of the said sales contract entered into between the Plaintiff and Defendant C. The main contents of a real estate sales contract that causes KRW 300 million for the purchase price, and the main contents of a real estate sales contract that causes KRW 400 million for the purchase price are as follows, and J is written as a observer of each sales contract. A real estate sales contract (No. 2, No. 3) submitted by Defendant C, which causes KRW

1. As to the registration of transfer of ownership

(a)all rights, powers and responsibilities with respect to the construction of the above land will be borne by the buyer until completion;

Until completion of construction, the seller shall bear all of the interest costs on the above land.

(b) The seller will cooperate with the buyer with respect to the construction work, limited to the location lot number of the building and by delivering the employee reduction to the buyer until the completion of the building.

(c)the use of an employee under subsection (b) above shall be limited to the matters relating to construction permission by C and shall not be used in relation to the construction cost.

A building on the above land.

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